[Download] "Allen Et Al. v. Mccurry" by Supreme Court of the United States " eBook PDF Kindle ePub Free

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eBook details

• Title: Allen Et Al. v. Mccurry
• Author : Supreme Court of the United States
• Release Date : January 09, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

At a hearing before his criminal trial in a Missouri court, the respondent, Willie McCurry, invoked the Fourth and Fourteenth Amendments to suppress evidence that had been seized by the police. The trial court denied the suppression motion in part, and McCurry was subsequently convicted after a jury trial. The conviction was later affirmed on appeal. State v. McCurry, 587 S. W. 2d 337 (Mo. App. 1979). Because he did not assert that the state courts had denied him a "full and fair opportunity" to litigate his search and seizure claim, McCurry was barred by this Courts decision in Stone v. Powell, 428 U.S. 465, from seeking a writ of habeas corpus in a federal district court. Nevertheless, he sought federal-court redress for the alleged constitutional violation by bringing a damages suit under 42 U. S. C. ? 1983 against the officers who had entered his home and seized the evidence in question. We granted certiorari to consider whether the unavailability of federal habeas corpus prevented the police officers from raising the state courts partial rejection of McCurrys constitutional claim as a collateral estoppel defense to the ? 1983 suit against them for damages. 444 U.S. 1070.

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