{"id":7102,"date":"2012-12-29T14:20:48","date_gmt":"2012-05-10T07:39:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-05-10T07:39:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7102","title":{"rendered":"CA10: State court’s erroneous decision on search claim not subject to habeas"},"content":{"rendered":"

COA<\/a> (2253(c))<\/a> in a 2254 denied on petitioner\u2019s Fourth Amendment claim. The contention that the free standing Fourth Amendment claim was decided wrongly by state courts is barred under Stone v. Powell<\/a> and AEDPA. McIntyre v. McKune<\/a>, 480 Fed. Appx. 486 (10th Cir. 2012):<\/p>\n

Unlike the situation in Gamble, however, there is no indication that the Kansas courts refused to recognize or apply the correct legal standards in this case. McIntyre’s belief that the state courts decided the claim wrongly does not mean that he was denied a full and fair opportunity to litigate. See Matthews v. Workman, 577 F.3d 1175, 1194 (10th Cir. 2009). He was able to brief his arguments, and the trial court held a hearing on whether to hold a Franks hearing. At that hearing, in addition to concluding that a Franks hearing was not warranted, the trial court held that the omissions were not material. McIntyre’s counsel declined to raise suppression in his direct criminal appeal, but the Kansas Court of Appeals allowed McIntyre to file a pro se supplemental brief challenging the denial of suppression. After the Kansas Court of Appeals specifically acknowledged the pro se brief and stated that the arguments were meritless, McIntyre again on direct appeal was able to file a pro se petition for review to place the issue before the Kansas Supreme Court. No reasonable jurist would find it debatable whether McIntyre had a full and fair opportunity to litigate his Fourth Amendment claim in the Kansas courts.2 See Miranda v. Cooper, 967 F.2d 392, 401 (10th Cir. 1992) (concluding that defendant had a full and fair opportunity to litigate, even though he did not receive a Franks hearing).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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