WITHROW v. WILLIAMS

No. 91-1030.

507 U.S. 680 (1993)

WITHROW v. WILLIAMS

United States Supreme Court.

Decided April 21, 1993.


Attorney(s) appearing for the Case

Jeffrey Caminsky argued the cause for petitioner. With him on the briefs were John D. O'Hair and Timothy A. Baughman.

Deputy Solicitor General Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Ronald J. Mann.

Seth P. Waxman, by appointment of the Court, 504 U.S. 983, argued the cause for respondent. With him on the brief were Scott L. Nelson and Daniel P. O'Neil.*

Souter, J., delivered the opinion for a unanimous Court with respect to Part III, and the opinion of the Court with respect to Parts I, II, and IV, in which White, Blackmun, Stevens, and Kennedy, JJ., joined. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., joined, p. 697. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined, p. 715.


Justice Souter, delivered the opinion of the Court.

In Stone v. Powell, 428 U.S. 465 (1976), we held that when a State has given a full and fair chance to litigate a Fourth Amendment claim, federal habeas review is not available to a state prisoner alleging that his conviction rests on evidence obtained through an unconstitutional search...

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