Ronald O. LaTray v. Pete Bludworth, Warden, et al.
HabeasCorpus CriminalProcedure
What constitutes a full and fair opportunity to litigate a United States Constitutional Fourth Amendment violation complaint invoking the exclusionary rule in States Courts?
Question Presented The three holdings of Stone v. Powell, 428 U.S. 465 (1976), have remained the source of speculation and debate and caused divergent, conflicting opinions in the lower Courts for over 45 years. Legal authorities who have recognized and documented the problem are presented to demonstrate this fact. The Court was asked to grant certiorari and clarify Stone in 1982 but declined to do so at that time, and as such, the conflict continues. May this case serve as the vehicle necessary for the Court to address and resolve the conflict for the benefit of the nation's judiciary and the public. The question is: . What constitutes a full and fair opportunity to litigate a United States Constitutional Fourth Amendment violation complaint invoking the exclusionary rule in States Courts? (i) Lower Court Proceedings Ronald 0. LaTray v. Pete Bludworth, Warden: Atty. Gen. for the State of Montana Cause No.: 22-35562 United States Court of Appeals for the Ninth Circuit Order entered: November 21,2022 (direct appeal for Certificate of Appealabilty) Order entered: January 30,2023 (petition for reconsideration denial) Ronald 0. LaTray v. Warden Pete Bludworth; Atty. Gen. for the State of Montana Cause No.: CV 21-67-BLG-KLD United States District Court for the District of Montana Order entered: June 30,2020. : LaTray v. State 2021 MI 62N Montana Supreme Court (appellate) Opinion entered: March 9,2021 (PCRP) LaTray v. McTighe 2019 Mont. LEXIS 930 Montana Supreme Court (appellate State habeas) Order entered: November 19,2019 State of Montana v. Ronald O. LaTray Cause No.: DA 17-0417 Montana Supreme Court (appellate) Order entered: December 11,2018 LaTray v. Montana ; 2017 U.S. Dist. LEXIS 157695 United States District Court for the District of Montana Ordered entered: September 25,2017 LaTray v. Montana 2017 U.S. Dist. LEXIS 158079 United States District Court for the District of Montana Order entered: August 9,2017 LaTray v. State 383 Mont. 544 : Montana State Supreme Court (appellate) Order entered: February 9,2016 State of Montana v. Ronald Orville LaTray Cause No.: DC 15-0333 Montana Thirteenth Judicial District District Court (trial) Billings Montana . Order entered: October 21,2015 (ii) Orders and Opinion Entered in this Case The November 21,2022 and January 30,2023 Orders of the United States Court of Appeals for the Ninth Circuit, San Francisco Division, denying the petition for a certificate of appealability and re-hearing en banc are reported at 2022 U.S. App. LEXIS 32095 and are attached to this petition as