Robinson v. Howes, No. 10-2696 (6th Cir. 2011)
Annotate this CaseAfter a 911 call reporting shots fired from a yellow vehicle, police apprehended petitioner and recovered a gun from his vehicle. The defense argued that someone else placed the gun in the vehicle and falsely reported a shooting. An officer testified that he found petitioner in the yellow vehicle at the address reported in the call and saw the gun on the front seat when petitioner exited the car. Petitioner tried to escape and had to be subdued with pepper spray. Pedestrians in the area stated that no shots had been fired. Petitioner was found guilty of being a felon in possession of a firearm, resisting a police officer, and possession of a firearm during commission of a felony. He exhausted state remedies. The district court granted an evidentiary hearing and denied a petition for habeas corpus. The Sixth Circuit affirmed. The 911 call, from a purported eyewitness, and petitioner's evasive conduct gave rise to reasonable suspicion that he was involved in a shooting, justifying an investigatory stop. Neither trial counsel's failure to interview witnesses nor her decision not to file a motion to suppress prejudiced petitioner.
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