CRIMINAL PROCEDURE - HABEAS CORPUS - A STATE PRISONER WHO HAS HAD A FULL AND FAIR OPPORTUNITY TO LITIGATE FOURTH AMENDMENT CLAIMS IS NOT ENTITLED TO HABEAS CORPUS RELIEF UNDER 28 USC SECTION 2254 IN A FEDERAL DISTRICT COURT

• NCJ Number: 38797
• Journal: American Journal of Criminal Law Volume: 5 Issue: 1 Dated: (JANUARY 1977) Pages: 90-104
• Author(s): E W BEAUCHAMP
• Date Published: 1977
• Length: 15 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN STONE V POWELL (1976) WHICH HELD THAT A FEDERAL DISTRICT COURT NEED NOT INVOKE THE EXCLUSIONARY RULE ON HABEAS CORPUS REVIEW OF A FOURTH AMENDMENT CLAIM MADE BY A STATE PRISONER.

Abstract

IT WAS RULED THAT HABEAS CORPUS COULD BE INVOKED IF THE PRISONER COULD SHOW THAT HE WAS DENIED AN OPPORTUNITY FOR FULL AND FAIR LITIGATION OF THE CLAIM IN STATE COURTS. THE AUTHOR ANALYZES THE IMPACT OF THE DECISION ON THE JURISDICTIONAL SCOPE OF 28 USC SECTION 2554 AND CONCLUDES THAT CONGRESSIONAL ACTION TO AMEND THAT LAW TO ADEQUATELY PROTECT THE RIGHTS OF STATE DEFENDANTS MAY BE WARRANTED.