Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

During Mr.Orosco's trial, the State District Attorney told the jury that Mr.Orosco's Cell Phone was' "Obtained" with a warrant when it really was not. And, If there has never been a hearing or rulling on the "Obtainment" of Mr.Orosco's Cell Phone in State Court, is Mr.Orosco entitled to recieve a hearing in the Court Of Criminal Appeals Of Texas to challenge the "Obtainment" of his Cell Phone that was used in his trial ?

Could it be Ineffective Assistance Of Trial Counsel since Mr.Orosco s trial lawyer did not challenge the "Obtainment" of Mr.Orosco's Cell Phone during the Motion To Suppress before trial started ?

Could it be Ineffective Assistance Of Appellate Counsel since Mr.Orosco's direct appellate lawyer did not challenge the "Obtainment" of Mr.Orosco's Cell Phone during the direct appeal ?