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RILEY v. GRAY

No. 81-3097.

674 F.2d 522 (1982)

Joseph RILEY, Petitioner-Appellee, v. Frank H. GRAY, Supt., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1982.

Attorney(s) appearing for the Case

Randall G. Burnworth, Richard David Drake, Asst. Attys. Gen., Columbus, Ohio, for respondent-appellant.

Ralph DeNune, III, DeNune, Douglas, Bayford & Wilson, John F. Potts, Toledo, Ohio, for petitioner-appellee.

Before EDWARDS, Chief Judge, JONES, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

This appeal raises questions concerning the scope of federal habeas corpus relief, 28 U.S.C. Sec. 2254, for violations of the fourth amendment. The district court issued the writ, finding that violations of the fourth amendment had occurred. The respondent-appellant, Frank H. Gray, appeals from the order granting the writ, asserting that Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037,

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