NCJ Number
38797
Journal
American Journal of Criminal Law Volume: 5 Issue: 1 Dated: (JANUARY 1977) Pages: 90-104
Date Published
1977
Length
15 pages
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.