Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that his appellate counsel was ineffective for failing to argue that his initial arrest was unlawful, and that his confession was therefore inadmissible. Record showed that, although police may have lacked probable cause at time of his initial arrest, his confession was nevertheless voluntary and admissible, where: (1) although defendant was incarcerated throughout 24-hour period prior to making his confession at police station, he was given Miranda warnings prior to giving confession; (2) at time of defendant’s confession, police had probable cause to arrest him since witness identified defendant as individual at scene dragging garbage can where victim’s body was located; (3) instant identification was wholly independent of defendant’s arrest; and (4) at time police went to defendant’s home they did not intend to arrest him, and defendant otherwise consented to search of his home and to accompanying police back to police station where he eventually made confession.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel