Motion to Suppress

Listen to this article

7^th Circuit Court of Appeals

Case Name: Marshall McDaniel

Case No.: 15-3638

Officials: e FLAUM and KANNE, Circuit Judges, and MAGNUSSTINSON, District Judge

Focus: Motion to Suppress

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.

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.