CA10: Habeas appellant had full and fair opportunity to litigate in state court, and evidence supported verdict

Under Stone v. Powell, defendant had a full and fair opportunity to litigate that he was the right person arrested even though he didn’t match the description of the person wanted. The finding of guilty survives AEDPA review under Jackson v. Virginia. Brown v. Lengerich, 2017 U.S. App. LEXIS 3836 (10th Cir. March 3, 2017):

In state court Brown asserted the warrant for his arrest was invalid and his arrest was illegal because the warrant described the person sought as six feet, four inches tall and weighing 465 pounds, while he is six feet tall and weighs 160 pounds.

The state trial judge found no evidence of the wrong person being arrested. The federal district judge also considered the claim and determined the state-court proceedings afforded Brown an opportunity for full and fair litigation of his Fourth Amendment claim, so review in federal court was barred. See Stone v. Powell, 428 U.S. 465, 494 (1976) (“[W]here 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.” (footnote omitted)).

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