Legal Opinion
Rodney T. Boyd v. Ira Mintz, Superintendent of the New Jersey Adult Diagnostic & Treatment Center, and the State of New Jersey
Court of Appeals for the Third Circuit
Decided September 29, 1980No. 79-2663PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
This is an appeal from the denial of a petition for a writ of habeas corpus. The sole question presented is whether the appellant was provided with an opportunity for a full and fair litigation of his fourth amendment claim in the state courts, thereby precluding federal collateral relief. We hold that because there was a complete breakdown in the state procedure he was not provided with an opportunity for a full and fair litigation of his fourth amendment claim and therefore will reverse the judgment of the district court.
I
Rodney…
2Cases cited9 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Stone v. PowellSupreme Court of the United States · 1976
- Lefkowitz v. NewsomeSupreme Court of the United States · 1975
- Arthur Richard Gates v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- Collins v. AugerCourt of Appeals for the Eighth Circuit · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Wallace v. KatoSupreme Court of the United States · 2007
- Joseph Riley v. Frank H. Gray, Supt.Court of Appeals for the Sixth Circuit · 1982
- Marshall v. HendricksCourt of Appeals for the Third Circuit · 2002
- Marshall v. HendricksCourt of Appeals for the Third Circuit · 2002
- Wallace v. KatoSupreme Court of the United States · 2007
41 more not listed; retrieve them via the Exa API.