STONE v. POWELL

No. 74-1055.

428 U.S. 465 (1976)

STONE, WARDEN v. POWELL.

Supreme Court of United States.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Robert R. Granucci, Deputy Attorney General of California, argued the cause for petitioner in No. 74-1055. With him on the briefs were Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Clifford K. Thompson, Jr., Thomas A. Brady, and Ronald E. Niver, Deputy Attorneys General. Melvin Kent Kammerlohr, Assistant Attorney General of Nebraska, argued the cause for petitioner in No. 74-1222. With him on the brief was Paul L. Douglas, Attorney General.

Robert W. Peterson, by appointment of the Court, 423 U.S. 817, argued the cause and filed a brief for respondent in No. 74-1055. William C. Cunningham argued the cause for respondent in No. 74-1222. With him on the brief was J. Patrick Green.

John J. Cleary filed a brief for the California Public Defenders Assn. as amicus curiae urging affirmance in No. 74-1055. Briefs of amici curiae urging affirmance in No. 74-1222 were filed by Mary M. Kaufman for the National Alliance Against Racist and Political Repression; by Henry W. McGee, Jr., for the National Conference of Black Lawyers; by Jonathan M. Hyman for the National Lawyers' Guild et al.; and by Theodore A. Gottfried and Robert E. Davison for the National Legal Aid and Defender Assn.

Leon Friedman, Melvin L. Wulf, and Joel M. Gora filed a brief for the American Civil Liberties Union as amicus curiae in both cases. Briefs of amici curiae in No. 74-1222 were filed by Robert L. Shevin, Attorney General, and Stephen R. Koons, Assistant Attorney General, for the State of Florida; by William F. Hyland, Attorney General, David S. Baime, John DeCicco, and Daniel Louis Grossman, Deputy Attorneys General, for the State of New Jersey; by Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Lillian Z. Cohen, Assistant Attorney General, for the State of New York; and by Frank Carrington, Fred E. Inbau, Wayne W. Schmidt, James R. Thompson, and William K. Lambie for Americans for Effective Law Enforcement, Inc., et al.


MR. JUSTICE POWELL delivered the opinion of the Court.

Respondents in these cases were convicted of criminal offenses in state courts, and their convictions were affirmed on appeal. The prosecution in each case relied upon evidence obtained by searches and seizures alleged by respondents to have been unlawful. Each respondent subsequently sought relief in a Federal District Court by filing a petition for a writ of federal...

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