stone-v-powell
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5020 | Dan L. Bozeman v. James R. Schiebner, Warden | Sixth Circuit | 2025-07-02 | Denied | Response WaivedIFP | due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest | Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone … |
| 24-7513 | Tracy A. Roberson v. Brian Eller, Warden | Sixth Circuit | 2025-06-26 | Denied | Response WaivedIFP | aedpa federal-review fourth-amendment habeas-corpus statutory-construction stone-v-powell | Whether the Antiterrorism and Death Penalty Act of 1996 (AEDPA) expressly overruled Stone v. Powell and allows state prisoners to litigate Fourth Amen… |
| 24A162 | Reuben McDowell v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. | Third Circuit | 2024-08-09 | Presumed Complete | certificate-of-appealability habeas-corpus pro-se-petition procedural-notice stone-v-powell third-circuit | Whether a district court must provide notice before relying on a procedural defense like Stone v. Powell that was not initially raised by the responde… | |
| 23-5585 | Scott David Creech v. Tim Shoop, Warden | Sixth Circuit | 2023-09-14 | Denied | Response WaivedIFP | civil-procedure federal-rules-of-civil-procedure fourth-amendment franks-v-delaware habeas-corpus rule-60-motion statute-of-limitations stone-v-powell | Can a 60(b)(6) motion be considered a 60(b)(3) claim if it does not assert relief from judgment due to fraud, misrepresentation, or misconduct by an o… |
| 22-7889 | Tyree Lawson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. | Third Circuit | 2023-06-28 | Denied | IFP | constitutional-rights due-process exculpatory-evidence fourth-amendment habeas-corpus ineffective-assistance-of-counsel post-conviction-relief right-to-counsel rule-60b stone-v-powell | Whether the petitioner's constitutional rights were violated when the state court failed to properly consider exculpatory evidence and denied his clai… |
| 22-7283 | Ronald O. LaTray v. Pete Bludworth, Warden, et al. | Ninth Circuit | 2023-04-14 | Denied | Response WaivedIFP | certificate-of-appealability civil-rights constitutional-violation due-process exclusionary-rule fourth-amendment habeas-corpus state-courts stone-v-powell | What constitutes a full and fair opportunity to litigate a United States Constitutional Fourth Amendment violation complaint invoking the exclusionary… |
| 21-7341 | Jerry Fruit v. United States | Third Circuit | 2022-03-11 | Denied | Response WaivedIFP | clearly-established-federal-law clearly-established-law direct-appeal fourth-amendment full-and-fair-litigation habeas-corpus stone-v-powell trial-litigation | Whether habeas corpus petitioners have been afforded the opportunity for full and fair litigation of their Fourth Amendment claim |
| 18-7053 | Kevin Scott Varner v. John Christiansen, Warden | Sixth Circuit | 2018-12-14 | Denied | IFP | 4th-amendment civil-rights constitutional-rights criminal-procedure due-process exclusionary-rule fourth-amendment habeas-corpus state-court state-court-litigation state-court-review stone-v-powell | What constitutes an opportunity for full and fair litigation of a Fourth Amendment claim in state court? |
| 18-6903 | Curtis McLaurin v. New York | New York | 2018-12-04 | Denied | Response WaivedIFP | appellate-review constitutional-law due-process federal-law fourth-amendment groh-v-ramirez habeas-corpus incorporated-application new-york-state-appellate-court search-warrant stone-v-powell | Whether the New York State appellate court's holding that a defective search warrant can be cured by an incorporated search warrant application |
| 18-5643 | Nathan Craft v. Willie Bonds, Administrator, South Woods State Prison, et al. | Third Circuit | 2018-08-17 | Denied | IFP | 4th-amendment consent-search fourth-amendment habeas-corpus pro-se-litigant schneckloth-v-bustamonte stone-v-powell | When pro-se litigant's 4th amendment consent search claim is misunderstood and misstated, can Stone v. Powell standard be applied to consent search is… |