Lefkowitz v. Newsome
Encyclopedia
Lefkowitz v. Newsome, , is a US Supreme Court case which held that when state law permits a defendant to plead guilty without giving up his right to judicial review
of specified constitutional issues, such as the lawfulness of a search or the voluntariness of a confession, the defendant is not prevented from pursuing those constitutional claims in a federal habeas corpus
proceeding.
in the lobby of a New York City Housing Authority
apartment building. Upon search, a small quantity of heroin and narcotics paraphernalia was found on his person. Thus he was charged with possession of a dangerous drug and drug paraphernalia
, in addition to loitering. Newsome pled not guilty on all charges, claimed the loitering law was unconstitutional, and made a motion to suppress
the evidence leading to the drug charges. Upon a non-jury trial by New York City Criminal Court
, Newsome was convicted of loitering. In a hearing, the same court rejected the motion to suppress evidence related to the drug charges. One month later, Newsome withdrew his not guilty pleas, pleading guilty to a lesser charge of attempted possession of dangerous drugs. At the sentencing proceeding, Newsome announced that he would appeal both the loitering conviction and the denial of his motion to suppress the evidence related to the drug charges.
Newsome subsequently filed a writ of habeas corpus
in the United States District Court for the Eastern District of New York
. The petition repeated the claim that because the loitering statute was unconstitutional, Newsome's arrest was therefore invalid, and that as a result, the evidence seized relating to that arrest should be suppressed. Meanwhile, the New York Court of Appeals declared New York's loitering statute unconstitutional before the District Court could render a decision on the merits of Newsome's petition; considering this, the District Court granted Newsome's application for a writ of habeas corpus.
The District Court decided that because Newsome was searched on suspicion for probable cause
during an arrest for the violation of a statute subsequently found to be unconstitutional, Newsome's search was unconstitutional and the evidence should be suppressed. The District Court granted the writ of habeas corpus.
The Attorney General of New York sought review of both decisions: the decision that Newsome had not waived his right to file a federal habeas corpus petition by pleading guilty and also the decision that New York's loitering statute was unconstitutional. Since there was a conflict between Newsome's case and a previous decision of the United States Court of Appeals for the Ninth Circuit
, the US Supreme Court granted certiorari
restricted to the question of Newsome's right to file a federal habeas corpus petition challenging the issues in his case; that is, was the search lawful and was the confession voluntary, when a state provides for appellate review of those issues after a guilty plea?
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of specified constitutional issues, such as the lawfulness of a search or the voluntariness of a confession, the defendant is not prevented from pursuing those constitutional claims in a federal habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
proceeding.
Legal background
Most states require that a defendant must plead not guilty and go to trial to maintain the right to have state appellate review of constitutional challenges he might make to arrest, admissibility of evidence, or the voluntariness of a confession. New York is unique in allowing a defendant to plead guilty while still mainaining these rights.Facts of the case
Leon Newsome was arrested on the charge of loiteringLoitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
in the lobby of a New York City Housing Authority
New York City Housing Authority
The New York City Housing Authority provides public housing for low- and moderate-income residents throughout the five boroughs of New York City. NYCHA also administers a citywide Section 8 Leased Housing Program in rental apartments...
apartment building. Upon search, a small quantity of heroin and narcotics paraphernalia was found on his person. Thus he was charged with possession of a dangerous drug and drug paraphernalia
Drug paraphernalia
Drug paraphernalia is a term used, often with a slightly negative connotation due to its use in criminal law field e.g. "possession of drug paraphernalia", to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes...
, in addition to loitering. Newsome pled not guilty on all charges, claimed the loitering law was unconstitutional, and made a motion to suppress
Motion to suppress
In common law legal systems, a motion to suppress is a formal, written request to a judge for an order that certain evidence be excluded from consideration by the judge or jury at trial...
the evidence leading to the drug charges. Upon a non-jury trial by New York City Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....
, Newsome was convicted of loitering. In a hearing, the same court rejected the motion to suppress evidence related to the drug charges. One month later, Newsome withdrew his not guilty pleas, pleading guilty to a lesser charge of attempted possession of dangerous drugs. At the sentencing proceeding, Newsome announced that he would appeal both the loitering conviction and the denial of his motion to suppress the evidence related to the drug charges.
Appeals
The loitering charge was reversed upon appeal for lack of evidence by Appellate Division of the New York Supreme Court, but the drug convictions were upheld on the grounds that there was probable cause for the original arrest and search. Newsome petitioned for review of the drug conviction to the New York Court of Appeals, but this was denied. The Court also denied a petition for a writ of certiorari.Newsome subsequently filed a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
in the United States District Court for the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
. The petition repeated the claim that because the loitering statute was unconstitutional, Newsome's arrest was therefore invalid, and that as a result, the evidence seized relating to that arrest should be suppressed. Meanwhile, the New York Court of Appeals declared New York's loitering statute unconstitutional before the District Court could render a decision on the merits of Newsome's petition; considering this, the District Court granted Newsome's application for a writ of habeas corpus.
The District Court decided that because Newsome was searched on suspicion for probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
during an arrest for the violation of a statute subsequently found to be unconstitutional, Newsome's search was unconstitutional and the evidence should be suppressed. The District Court granted the writ of habeas corpus.
The Attorney General of New York sought review of both decisions: the decision that Newsome had not waived his right to file a federal habeas corpus petition by pleading guilty and also the decision that New York's loitering statute was unconstitutional. Since there was a conflict between Newsome's case and a previous decision of the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, the US Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
restricted to the question of Newsome's right to file a federal habeas corpus petition challenging the issues in his case; that is, was the search lawful and was the confession voluntary, when a state provides for appellate review of those issues after a guilty plea?
Decision
The Supreme Court held the following:... when state law permits a defendant to plead guilty without forfeiting his right to judicial review of specified constitutional issues, the defendant is not foreclosed from pursuing those constitutional claims in a federal habeas corpus proceeding. The judgment of the Court of Appeals for the Second Circuit is affirmed.