Terry Norris v. Jerry Lester, 545 F. App'x 320

Norris appeals denial of 28 U.S.C. § 2254 habeas corpus petition challenging his murder conviction and confession.
Police detained Norris at his mother’s home without a warrant after receiving witness statements about the crime.
Disputed timing: Norris claims arrest before 7 p.m. on March 11; records show arrest/booked at 8:45 p.m.; evidence conflicted on custody duration.
Norris signed rights form at 4:12 p.m. on March 13, and confessed later that evening; confession preceded a probable-cause determination the following morning.
Trial counsel did not raise Brown-based suppression; appellate counsel did not pursue a McLaughlin claim on direct appeal.
TCCA held Norris was not held over 48 hours and denied McLaughlin/Brown challenges; district court denied relief; the Sixth Circuit granted COA and now grants habeas relief on the McLaughlin issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel ineffective for failing to object under Brown?	Norris (Norris) asserts lack of probable cause tainted arrest and confession.	State courts found probable cause existed; no Sixth Circuit error in Cromwell analysis.	No clear Brown error; the state court’s ruling not contrary to clearly established federal law.
Was appellate counsel ineffective for not raising McLaughlin on direct appeal?	McLaughlin 48-hour rule was violated; failure to raise affected suppression outcome.	Evidence and record support under 48-hour framework; strategy did not prejudice result.	Appellate counsel deficient; prejudice shown given likelihood of suppression if McLaughlin raised.
Did AEDPA deferentially review the state court’s rejection of the McLaughlin claim and its factual determinations?	State court misapplied McLaughlin; custody duration mischaracterized.	State court factual findings are reasonable; deference applies under § 2254(d).	Deferential review applied; nevertheless, the McLaughlin issue warrants relief due to prejudice.

Brown v. Illinois, 422 U.S. 590 (1975) (fruit of the poisonous tree for statements obtained after an illegal arrest)
Devenpeck v. Alford, 543 U.S. 146 (2004) (arresting officer's state of mind irrelevant to probable cause; facts within officer’s knowledge matter)
McLaughlin v. State, 500 U.S. 44 (1991) (prompt probable-cause determination; 48-hour rule and burden shifting)
Huddleston v. State, 924 S.W.2d 666 (Tenn. 1996) (exclusionary rule and Huddleston framework for McLaughlin violation)
Michigan v. Chesternut, 486 U.S. 567 (1988) (defining seizure and custody for Fourth Amendment purposes)
Florida v. Bostick, 501 U.S. 429 (1991) (standards for voluntary consent and being not free to leave during police encounter)