United States v. Marquez Lawhorn
2013 U.S. App. LEXIS 22873
| 8th Cir. | 2013Background
- Lawhorn pled guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- Police responded to a 911 call about a robbery threat; a red Ford Bronco with a single occupant matched the description.
- Officers shined a spotlight, observed Lawhorn look back with wide eyes, and he reached quickly into the back seat; handgun found behind passenger seat.
- Stabenow represented Lawhorn and did not discuss suppression; Lawhorn expressed satisfaction with counsel at the plea hearing.
- Stabenow withdrew; new counsel suggested suppression should have been pursued; Lawhorn moved to withdraw his guilty plea alleging ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ineffective assistance of counsel to pursue suppression is a fair and just reason to withdraw a guilty plea | Lawhorn | Lawhorn | No fair and just reason; suppression would have failed |
| Whether officers had reasonable suspicion to detain Lawhorn | Lawhorn | Lawhorn | Yes; totality of circumstances supported a Terry stop |
Key Cases Cited
- United States v. Murphy, 572 F.3d 563 (8th Cir. 2009) (fair and just standard for withdrawal of guilty plea and ineffective-assistance analysis)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice inquiry in guilty-plea withdrawal follows Strickland framework)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard)
- Cruz v. United States, 643 F.3d 639 (8th Cir. 2011) (defendant must show deficient performance under Strickland)
- United States v. Bynum, 508 F.3d 1134 (8th Cir. 2007) (lawful vantage to seize in plain view; no need for further suspicion)
- United States v. Hughes, 517 F.3d 1013 (8th Cir. 2008) (reasonable suspicion determined by totality of circumstances)
- Arvizu, 534 U.S. 266 (2002) (totality of the circumstances framework for reasonable suspicion)
- United States v. McBride, 801 F.2d 1045 (8th Cir. 1986) (informant reliability and corroboration in reasonable-suspicion analysis)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-view seizure and seizure standards)
- United States v. Blair, 524 F.3d 740 (6th Cir. 2008) (informant tip and corroboration considerations in reasonable suspicion)