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McDaniel v. Polley

United States Court of Appeals, Seventh Circuit

February 9, 2017

Marshall McDaniel, Petitioner-Appellant,
v.
Cecil Polley, Warden, Respondent-Appellee.

          Argued November 4, 2016

         Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 10 C 7375 - Joan H. Lefkow, Judge.

          Before Flaum and Kanne, Circuit Judges, and MAGNUS-Stinson, District Judge. [*]

          Kanne, Circuit Judge

         In 2001, police officers arrested Marshall McDaniel while investigating his girlfriend's murder. McDaniel confessed during postarrest interrogation. After pleading not guilty, McDaniel unsuccessfully attempted to suppress his confession. He was convicted in Illinois state court; on direct appeal, the Illinois Appellate Court affirmed.

         After his state petition for postconviction relief was denied, McDaniel petitioned the federal district court for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition. McDaniel now argues that appellate counsel was ineffective for failing to argue that his initial arrest was unlawful and that his confession was inadmissible as fruit of the unlawful arrest.

         On appeal, we review the Illinois Appellate Court's decision to deny McDaniel's petition for postconviction relief. People v. McDaniel, No. 1-06-3283, slip op. (Ill.App.Ct. Sept. 30, 2009). Because McDaniel was not prejudiced by appellate counsel's failure to raise his Fourth Amendment claim, we affirm.

         I. Background

         On January 16, 2001, at 9:15 a.m., Officers found DeAngular Moore's body in a high school parking lot. Moore's body was lying next to a bloodied garbage can marked 8055 South Harvard. Because she did not have identification with her at the time of her death, Detective Brownfield sought to identify Moore by showing community members her photo. At 5 p.m., before Moore was identified, Detective Brownfield received a call from Officer Blackman. Officer Blackman told Detective Brownfield that he had seen a black male, 6'1", 185 pounds, and in his forties, pulling a garbage can at 2 a.m. that morning. Officer Blackman said that the man pulled the garbage can into the high school parking lot and then exited empty handed.

          After Detective Brownfield talked to Officer Blackman, a woman identified Moore. The woman told Detective Brownfield that Moore lived with her boyfriend - McDaniel-and described him as a black male, 6'3", 185 pounds, and in his late forties. The woman took Detective Brownfield to a man called "Radio." Radio identified Moore and then took Detective Brownfield and several other officers to McDaniel's house-four doors from the address marked on the bloodied garbage can. McDaniel was not home, so the officers left.

         Four officers returned about an hour later, at 8:30 p.m. They did not have a search or arrest warrant. At trial, two of the officers testified that they did not think that they had probable cause to arrest McDaniel at that time. The officers testified that they went to McDaniel's house only to investigate Moore's death. When the officers knocked, McDaniel answered and consented to the officers' request to come inside.

         Once inside, the officers asked McDaniel if he knew why they were there, and he allegedly responded, "[B]ecause my girlfriend was murdered." (R. 17-1 at 81); (R. 17-2 at 96).[1] At the officers' request, McDaniel allowed the officers to search his house. When McDaniel began acting nervous and fidgety, an officer put McDaniel in handcuffs. The officer told McDaniel that he was not under arrest and removed the handcuffs about five minutes later once McDaniel calmed down. At around 9 p.m., the officers asked McDaniel if he would come to the police station for further questioning. McDaniel acquiesced, and the officers drove him back to the station in a police car.

         While on their way to the station, one of the officers called Detective Brownfield to update him. Detective Brownfield told the officer that Officer Blackman had just identified McDaniel in a photo-array lineup. Detective Brownfield directed the officers to bring McDaniel to a particular station. McDaniel arrived at the station at 10:30 p.m. At midnight, Officer Blackman identified McDaniel in a corporal lineup.

         At the police station, McDaniel was placed in an interrogation room, read his Miranda rights, and then questioned three separate times over twenty-four hours. During the third round of questioning, McDaniel confessed to the murder and signed a written confession prepared by an Assistant State's Attorney.[2]

         Despite his confession, McDaniel pled not guilty. McDaniel moved to suppress his confession on the ground that it and any related evidence was fruit of his arrest, which he argued violated the Fourth Amendment. The trial court ruled that the officers arrested McDaniel when they handcuffed him at his home and later drove him to the police station. But the trial court imputed Officer Blackman's photo-array identification to the arresting officers, which gave them probable cause to arrest McDaniel at that time. With his confession deemed admissible, a jury convicted McDaniel of murdering Moore.

         On direct appeal, McDaniel's appointed appellate counsel argued only one issue-that the prosecution's reference to McDaniel's refusal to take a polygraph while in custody denied him due process of law. Appellate counsel, ignoring McDaniel's prodding, made no argument about the arrest ...


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