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NCJ Number: 38797 Find in a Library
Title: 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
Journal: AMERICAN JOURNAL OF CRIMINAL LAW  Volume:5  Issue:1  Dated:(JANUARY 1977)  Pages:90-104
Author(s): E W BEAUCHAMP
Corporate Author: University of Texas
School of Law
United States of America
Date Published: 1977
Page Count: 15
Sponsoring Agency: University of Texas
Austin, TX 78705
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.
Index Term(s): Exclusionary rule; Federal Code; Federal courts; Habeas corpus; Judicial decisions; Post-conviction remedies; Rights of the accused; Rules of evidence; Search and seizure; State courts; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=38797

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