Magnus v. United States
11 A.3d 237
| D.C. | 2011Background
- In 1996 Magnus pled guilty to carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition; charges stemmed from handguns and ammunition found in his home.
- Police executed a search at 814 Decatur Street, N.W.; two loaded handguns were found in a basement room, with marijuana and cash nearby.
- Magnus admitted to possessing the weapons and was arrested; he later signed a police-prepared confession claiming ownership of the guns and describing past theft/robbery context.
- He was sentenced to concurrent one-year probation on the weapon and ammunition counts; the marijuana possession charge was dismissed.
- Magnus did not appeal the 1996 convictions and completed probation by 1998.
- In 2009 Magnus sought relief under DC code § 23-110 or writ of error coram nobis, arguing Heller invalidated the statutes as applied to his home possession of guns and ammo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Magnus can collateral attack a guilty plea post-Heller | Magnus argues plea was unintelligent given Heller’s scope. | Government advocates waiver of non-jurisdictional defects by guilty plea. | Remand for evidentiary hearing on voluntariness and intelligence of the plea. |
| Whether coram nobis relief is available for legal errors post-Heller | Coram nobis may correct constitutional legal error not criminalized after Heller. | Waiver and lack of miscarriage of justice bar coram nobis here. | Coram nobis relief potentially available; remand to hear merits. |
| Whether Magnus can overcome procedural default to pursue collateral relief | Retroactivity of Heller supports relief despite default. | Default and waiver preclude collateral attack absent cause/innocence. | Open question; remand for evidentiary development on cause/innocence and miscarriage of justice. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes individual right to keep arms for self-defense in the home)
- Plummer v. United States, 983 A.2d 323 (D.C.2009) (retroactivity for non-jurfisdictional gun-possession defenses)
- Herrington v. United States, 6 A.3d 1237 (D.C.2010) (second-amendment protections for handgun ammunition in home)
- Bousley v. United States, 523 U.S. 614 (U.S. 1998) (innocence/knowledge of elements can render guilty plea unintelligent)
- Tollett v. Henderson, 411 U.S. 258 (U.S. 1973) (plea admits jurisdiction; cannot attack pre-plea rights unless plea is invalid)
- Morgan, 346 U.S. 502 (U.S. 1954) (coram nobis scope to include fundamental legal errors)
- Simmons v. United States, 656 A.2d 288 (D.C.1995) (post-sentencing standards for withdrawal of guilty plea)