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05/14/02

"See News Release 038 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA No. 00-K-1580 STATE OF LOUISIANA versus MARVA L. WATSON A/K/A LAWRENCE LACKINGS On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans KNOLL, Justice* Although the appellate court found that the defendant, Marva L. Watson a/k/a Lawrence Lackings,1 was estopped from raising the issue that evidence seized at his arrest should have been suppressed because trial counsel did not raise this issue in the trial court, it nevertheless agreed with the defendant's contention first raised on appeal that defense counsel had rendered ineffective assistance by failing to move before trial to suppress the evidence. Accordingly, the appellate court reversed the defendant's conviction and sentence for possession of heroin. We granted the State's application. State v. Watson, 00-1580 (La. 6/22/01), ___ So. 2d ___. After reviewing the jurisprudential backdrop applicable to this query, we reverse the appellate court decision because the present record does not adequately provide a basis for addressing the merits of the suppression issue -- the fundamental question for assessing the adequacy of counsel's representation in this case. The defendant's proper course for litigating that question is in post-conviction proceedings. Therefore, we reverse the appellate court and reinstate the defendant's

*

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

Under cross-examination, the defendant stated that he was also known as Marva Watson, but that he preferred to be called Lawrence Lackings. All of the police reports and the proceedings were brought against Marva Watson a/k/a Lawrence Lackings.

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conviction and sentence. His claim for ineffective assistance of counsel is relegated to post-conviction relief.

FACTS AND PROCEDURAL HISTORY On October 5, 1998, at approximately 5:00 p.m., Officers Michael Sinegar and Wellington Beaulieu of the New Orleans Police Department were on foot patrol in the Florida Housing Development in New Orleans when they observed the defendant, Lawrence Lackings, and another unidentified person walk into the hallway. Officer Sinegar testified that as he saw the defendant walking out of the hallway, he observed the defendant's right hand balled into a fist. At this point, Officer Sinegar asked the defendant to open his right hand. In response, the defendant dropped his right arm to the ground, opened his right hand, and discarded a small piece of aluminum foil on the ground. Officer Beaulieu retrieved the discarded piece of aluminum foil, opened it, and observed a white powder residue inside the foil. As the officers' attention focused on the defendant, the other individual who accompanied the defendant ran away. When Officer Sinegar advised the defendant that he was under investigation for a narcotic violation, the defendant began walking away. At this point, Officer Sinegar advised the defendant that he was under arrest for a drug law violation. After a struggle ensued, the officers wrestled the defendant to the ground and was forced to use pepper spray to subdue him. The State charged the defendant with one count of possession of heroin, a violation of LA. REV. STAT. ANN.

Download 2000-K-1580 STATE OF LOUISIANA v. MARVA L. WATSON A/K/A LAWRENCE LACKINGS.pdf

Louisiana Law