Stephen Newman v. Timothy Wengler

OPINION

In 2008, Stephen Newman was convicted by a jury of attempted rape and sentenced to a unified term of 15 years with the first 7 fixed. The Idaho Court of Appeals affirmed his conviction on direct appeal, and denied his petition for rehearing. The Idaho Supreme Court also denied his petition for review. Newman filed a federal habeas petition claiming that the Idaho trial court violated his Fourth and Fourteenth Amendment right to be free from unlawful searches and seizures. The State argued that Newman’s claim was barred by the Supreme Court’s holding in Stone v. Powell, 428 U.S. 465, 96…