Robinson v. Howes
2011 U.S. App. LEXIS 25085
| 6th Cir. | 2011Background
- 911 call reported shots fired from a yellow vehicle at 56 Elmhurst in Highland Park, Michigan; police recovered a gun from Petitioner's vehicle.
- Petitioner waived a jury trial and proceeded to a bench trial; stipulation: he was ineligible to carry a firearm due to prior felony and un-restored rights.
- Trial: defense offered no witnesses; argued someone else placed the gun and framed Petitioner; prosecution called Deputies Kasholo and Kozlowski as witnesses.
- Evidence: deputies testified to a struggle, pepper spray, and firearm recovered; some bystander statements suggested no shots had been fired.
- On direct appeal, Michigan courts rejected Fourth Amendment claim and ineffective assistance claim; Supreme Court of Michigan denied leave to appeal.
- Petitioner filed federal habeas petition alleging Fourth Amendment violation and ineffective assistance; district court dismissed Fourth Amendment claim under Stone v. Powell and held an evidentiary hearing on IAC claim; petition denied on merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for habeas claims | Robinson: §2254(d) deference not applicable; merits review presumed | Howes: AEDPA deference governs claims adjudicated on merits | Court applies pre-AEDPA standard for the IAC claim |
| Whether the district court properly granted an evidentiary hearing | Ginther hearing needed to develop IAC record | Pinholster limitations may apply to new evidence | No abuse of discretion; hearing proper given the record and diligence |
| Merits of the Fourth Amendment suppression claim | Counsel ineffective for not seeking suppression of gun evidence | 911 tip plusPetitioner’s evasive conduct justified stop | Stop/arrest upheld; suppression motion would not have changed outcome |
| Prejudice from alleged ineffective assistance | Suppression would have altered outcome | Evidence supported by reliable 911 tip and behavior; no prejudice | No prejudice; IAC claim fails |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficiency/prejudice standard for ineffective assistance)
- Kimmelman v. Morrison, 477 U.S. 365 (U.S. 1986) (ineffective assistance framework for Fourth Amendment claims)
- Gates v. Illinois, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances for reasonable suspicion and reliability of tips)
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip insufficient for stop absent reliability corroboration)
- United States v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure requires submission to show of authority or physical restraint)