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WOOLERY v. ARAVE

No. 91-36029.

8 F.3d 1325 (1993)

James R. WOOLERY, Plaintiff-Appellee, v. A.J. ARAVE, Warden, Idaho Maximum Security Institution, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1993.

Attorney(s) appearing for the Case

Gar Hackney, Lynn, Scott, Hackney & Jackson, Boise, ID, for plaintiff-appellee.

Myrna A.I. Stahman, Asst. Atty. Gen., Boise, ID, for defendant-appellant.

Before: WRIGHT, CANBY, and REINHARDT, Circuit Judges.

CANBY, Circuit Judge:

Idaho appeals the district court's grant of James Woolery's petition for a writ of habeas corpus. Woolery's petition alleged that he was entitled to relief because evidence of a blood alcohol test introduced at his trial in state court was obtained in violation of his Fourth Amendment rights. In its response to Woolery's petition in district court, the State of Idaho neglected to assert that the claim was barred by the rule of Stone v. Powell...

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