United States v. Cortez Fisher
2013 U.S. App. LEXIS 6465
| 4th Cir. | 2013Background
- Officer Mark Lunsford lied in a sworn search-warrant affidavit underpinning Fisher’s arrest and the evidence for his charge.
- Fisher pled guilty to possession of a firearm by a felon and was sentenced to 10 years.
- Over a year after Fisher’s plea, Lunsford pled guilty to fraud/theft related to duties as a DEA officer and admitted misconduct with a confidential informant.
- Fisher moved to vacate his guilty plea under 28 U.S.C. § 2255; the district court denied.
- The Fourth Circuit reversed, holding Lunsford’s misconduct rendered Fisher’s plea involuntary and remanding for further proceedings; discussion includes Franks v. Delaware and Brady v. United States considerations.
- Dissent disputes the majority’s reasoning, arguing no established due process basis supports vacating the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Fisher’s plea involuntary due to Lunsford’s misrepresentation? | Fisher claims Lunsford’s false warrant facts tainted the case. | The government contends Brady principles do not automatically void a plea without proof of coercive misconduct. | Yes, involuntary; misrepresentation under Brady. |
| Does pre-plea Brady disclosure apply to render the plea invalid? | Fisher relied on Brady/Remedial principles. | Disclosures prior to the plea do not necessarily negate voluntariness under Ruiz. | Court analyzes but final holding focuses on misrepresentation; Brady pre-plea issue not dispositive. |
| Can Franks v. Delaware framework affect the validity of the warrant and the plea? | Franks may invalidate the warrant if false statements were necessary for probable cause. | Franks analysis could limit suppression, not automatically void the plea. | Franks discussed; misrepresentation insufficient to foreclose outcome without showing necessary falsehoods for probable cause. |
Key Cases Cited
- Brady v. United States, 397 U.S. 742 (U.S. 1970) (misrepresentations may induce guilty pleas; required to show coercive impermissible conduct)
- Ruiz v. United States, 536 U.S. 622 (U.S. 2002) (impeachment evidence is a trial-right consideration, not pre-plea voluntariness)
- Ferrara v. United States, 456 F.3d 278 (1st Cir. 2006) (prosecution withholding/false representations can ground plea challenges in narrow circumstances)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (hearing required if false statements are necessary to probable cause)
- Santobello v. New York, 404 U.S. 257 (U.S. 1971) (prosecution promises during plea negotiations)
- Lassiter v. Turner, 423 F.2d 897 (4th Cir. 1970) (deception in proceedings can render plea unvalidates volition)