Thursday, June 18, 2015

Newman v. Wengler, No. 13-36185 (per curiam; panel was Wallace, Kleinfeld, and Gould) --- The Ninth Circuit affirmed the denial of an Idaho state prisoner's ยง 2254 habeas petition, holding that it could not adjudicate his claim under the Fourth Amendment. AEDPA did many things in habeas, but one thing it did not do was abrogate Stone v. Powell, 428 U.S. 465 (1976), which bars habeas relief solely on a Fourth Amendment ground if the petitioner had been given a full and fair opportunity to litigate the issue. Here, the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim, so relief was barred.

The decision is here:


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