CA9: Stone v. Powell bar and the full and fair litigation requirement survived adoption of the AEDPA

Stone v. Powell bar and the full and fair litigation requirement survived adoption of the habeas limitations of AEDPA. Newman v. Wengler, 2015 U.S. App. LEXIS 10094 (9th Cir. June 16, 2015). [This may be the only case to ever argue this.]

The officer here had an anonymous tip defendant was driving impaired. No credence was even needed to be given the tip when defendant committed a lane violation, so the officer could stop him for that even if it was pretextual about the possible DUI. State v. Campanelli, 2015-Ohio-2332, 2015 Ohio App. LEXIS 2251 (7th Dist. June 11, 2015).

Defendant loaned his luggage to someone else, and drugs were found in it. They moved to suppress and it was granted. Defendant doesn’t show in this 2255 he had standing to contest the search of the luggage, and he doesn’t get the benefit of the suppression as to the others. Therefore, defense counsel couldn’t be ineffective. Sylvester v. United States, 2015 U.S. Dist. LEXIS 77932 (E.D.Mich. June 16, 2015).*