CURRY v. GARRISON

No. C-C-76-57.

423 F.Supp. 109 (1976)

Roger Dale CURRY et al., Petitioners, v. Samuel P. GARRISON, Warden, Central Prison, Respondent.

United States District Court, W. D. North Carolina, Charlotte Division.

November 30, 1976.


Attorney(s) appearing for the Case

Larry L. Eubanks, Winston-Salem, N. C., Michael G. Plumides, and Jerry W. Whitley, Charlotte, N. C., for petitioners.

Richard N. League, Asst. Atty. Gen. of N. C., Raleigh, N. C., for respondent.


ORDER

McMILLAN, District Judge.

Respondent moves to dismiss on the basis of Stone v. Powell, ___ U.S. ___, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), which held that a state prisoner was not entitled to federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial, "where the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim."

Rather...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases