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Kimmelman v. Morrison

United States Supreme Court

477 U.S. 365 (1986)

Relevant factsFree

Morrison (defendant) was convicted of rape after his own attorney failed to move to exclude an inculpatory bed sheet obtained through an alleged Fourth Amendment violation; on habeas review, the state argued that because Stone v. Powell bars federal habeas review of standalone exclusionary-rule claims, Morrison's ineffective-assistance claim, being premised on his attorney's failure to use the exclusionary rule, should likewise be barred.

IssueFree

Whether the restriction on federal habeas review of exclusionary rule claims extends to ineffective assistance of counsel claims based on the attorney's failure to utilize the exclusionary rule.

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