Ebert v. Gaetz

Dist. Ct. did not err in denying defendant's habeas petition challenging his murder conviction on grounds that his counsel was ineffective for failing to re-file motion to suppress his arrest at defendant's second trial, even though original motion had been denied at first trial after trial court had found that police had probable cause to arrest defendant based in part on statements made by two individuals implicating defendant in murder. While defendant argued that statements made by said individuals were unreliable, trial court could properly conclude that one individual enjoyed heightened reliability due to his status as citizen informant, while other individual supplied some details from overheard conversation that supported reasonable belief that defendant was involved in murder. Although one individual gave modified statement after first motion to suppress had been denied, state court could properly have found that modified statement would not have changed earlier finding of probable cause.