591 F. App'x 488
6th Cir.2015Background
- Grumbley, a Michigan prisoner, was convicted of multiple offenses following an in-home arrest based on Misty Grumbley’s accusations and other information alleging sexual abuse and related crimes.
- Police arrested Grumbley at his trailer on December 16, 2003, without a warrant, after Misty reported alleged abuse and coercive conduct by Grumbley.
- Authorities conducted a home search after Grumbley allegedly consented to the search; items seized included firearms and suspected child pornography, among other materials.
- At trial, Grumbley challenged the search on Fourth Amendment grounds; Miranda warnings were given and statements were recorded after waiver.
- Grumbley appealed; the Michigan Court of Appeals rejected his Fourth Amendment claim on the merits, relying on consent, and the Michigan Supreme Court denied leave to appeal.
- The federal district court denied habeas relief on ineffective assistance of trial counsel, and the Sixth Circuit reversed, holding trial counsel should have moved to suppress the in-home evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the home arrest valid under the Fourth Amendment? | Grumbley | State | Arrest violated Payton; consent to search invalidated taint |
| Did counsel’s failure to move to suppress constitute ineffective assistance? | Grumbley | State | Yes; prejudice shown; suppression would have changed outcome |
| Would suppression require vacating convictions and recalculating sentence under PRVs? | Grumbley | State | Remand for conditional writ vacating three convictions and recalculating sentence |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (warrantless entry into home prohibited absent exigent circumstances or consent)
- Wong Sun v. United States, 371 U.S. 471 (1963) (attenuation doctrine and taint from illegal searches)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (merits of Fourth Amendment claims require showing prejudice and meritorious claim)
- Dunaway v. New York, 442 U.S. 200 (1979) (threshold requirement of voluntariness for consent analysis)
- United States v. Beauchamp, 659 F.3d 560 (6th Cir. 2011) (attenuation and consent considerations post-illegal arrest)
- Lopez-Arias v. United States, 344 F.3d 623 (6th Cir. 2003) (attenuation and voluntariness in consent context)
- Marsack v. State, 586 N.W.2d 234 (Mich. 1998) (voluntary consent to search must be freely given and totality of circumstances)
- Essa v. State, 380 N.W.2d 96 (Mich. 1985) (consent exception to search and assessment of voluntariness)
- Borchard-Ruhland v. State, 597 N.W.2d 1 (Mich. 1999) (totality of circumstances in voluntary waiver of rights)
- Williams v. Taylor, 529 U.S. 362 (2000) (clarification of AEDPA review standards)