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Newman v. Wengler

United States Court of Appeals, Ninth Circuit

June 16, 2015

STEPHEN D. NEWMAN, Petitioner-Appellant,
v.
TIMOTHY WENGLER, Respondent-Appellee

Argued and Submitted, Seattle, Washington May 8, 2015.

Page 877

Appeal from the United States District Court for the District of Idaho. D.C. No. 1:11-cv-00520-LMB. Larry M. Boyle, Magistrate Judge, Presiding.

SUMMARY[*]

Habeas Corpus

The panel affirmed the district court's denial of Idaho state prisoner Stephen Newman's habeas corpus petition challenging his conviction for attempted rape.

The panel held that the Stone v. Powell doctrine -- where the state has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial -- survived the passage of the Antiterrorism and Effective Death Penalty Act.

The panel held that Newman had a full and fair opportunity in state court to litigate his Fourth Amendment claims, and that the Stone v. Powell doctrine therefore bars consideration of his Fourth Amendment claim in a federal habeas corpus petition.

Dennis P. Riordan (argued), Donald M. Horgan, and Gary K. Dubcoff, Riordan & Horgan, San Francisco, California, for Petitioner-Appellant.

L. LaMont Anderson (argued), Deputy Attorney General, and Lawrence G. Wasden, Attorney General, Boise, Idaho, for Respondent-Appellee.

Before: J. Clifford Wallace, Andrew J. Kleinfeld, and Ronald M. Gould, Circuit Judges.

OPINION

Page 878

PER CURIAM:

In 2008, Stephen Newman was convicted by a jury of attempted rape and sentenced to a unified term of 15 years with the first 7 1/2 fixed. The Idaho Court of Appeals affirmed his conviction on direct appeal, and denied his petition for rehearing. The Idaho Supreme Court also denied his petition for review. Newman filed a federal habeas petition claiming that the Idaho trial court violated his Fourth and Fourteenth Amendment right to be free from unlawful searches and seizures. The State argued that Newman's claim was barred by the Supreme Court's holding in Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). The magistrate judge[1] agreed and denied the petition. The Court held in Stone that " where the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial." Id. at 494 (footnote omitted). Newman now appeals and argues that ...


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