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MORRISON v. KIMMELMAN

No. 84-5138.

752 F.2d 918 (1985)

Neil MORRISON, Appellee, v. Irwin I. KIMMELMAN, Attorney General of New Jersey and John J. Rafferty, Superintendent, Rahway State Prison, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen. of New Jersey, Arlene R. Weiss (Argued), Deputy Atty. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellants.

William E. Staehle (Argued), Bozonelis, Staehle & Woodward, Chatham, N.J., for appellee.

Before GARTH and SLOVITER, Circuit Judges and LORD, District Judge.

OPINION OF THE COURT

JOSEPH S. LORD, III, District Judge, sitting by designation.

I.

Introduction

This appeal from an order of the district court granting petitioner's habeas corpus petition presents three issues. First, does the rule of Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), barring collateral review of a Fourth Amendment claim preclude our consideration of...

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