Petition of the day

By Kate Howard
on Sep 30, 2016 at 11:11 pm

The petition of the day is:

Issue: (1) Whether the 6th Circuit’s “unreasonable determination of fact” holding under 28 U.S.C. § 2254(d)(2) precluded the Tennessee Court of Criminal Appeals from relying on the same finding on the same record; (2) whether the Tennessee Court of Criminal Appeals erred in holding that police had probable cause to arrest the petitioner without giving weight to exculpatory facts known to the arresting officers; and (3) whether the Tennessee Court of Criminal Appeals erred in rejecting the petitioner’s County of Riverside v. McLaughlin claim where police held him without a probable cause hearing for the express purpose of “further investigation.”