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- Title
REDEFINING THE RELATIONSHIP BETWEEN STONE AND AEDPA.
- Authors
Kristek Jr, Theodore J.
- Abstract
This Note challenges the current conception of the availability of federal habeas corpus relief for state prisoners claiming a violation of the Fourth Amendment. Since the Supreme Court's 1973 decision in Stone v. Powell, federal courts have analyzed Fourth Amendment violations under a different legal regime than that used for other constitutional violations challenged on habeas corpus. This has persisted despite passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which amended the federal habeas corpus statute for state prisoners, 28 U.S.C. § 2254. Federal courts have largely held that AEDPA has not changed the relationship between Stone's holding and Section 2254. This Note argues that the current conception of federal habeas corpus review of Fourth Amendment claims is fundamentally inconsistent and asserts that the AEDPA standard should be applied to Fourth Amendment claims brought by state prisoners.
- Subjects
ANTITERRORISM &; Effective Death Penalty Act of 1996 (U.S.); STONE v. Powell (Supreme Court case); UNITED States. Constitution. 4th Amendment; BROWN v. Allen (Supreme Court case); LEGAL status of prisoners; HABEAS corpus; MAPP v. Ohio
- Publication
Virginia Law Review, 2020, Vol 106, Issue 2, p523
- ISSN
0042-6601
- Publication type
Article