Occidental of Umm al Qaywayn, Inc. v. A Certain Cargo of Petroleum Laden Aboard the Tanker Dauntless Colocotronis

The majority holds that the State of Alabama provided petitioner “an opportunity for full and fair litigation of his fourth amendment claim at the time of his trial.” Because this conclusion, in my view, is in' direct conflict with our court’s decision in O’Berry v. Wainwright, 546 F.2d 1204 (5th Cir. 1977), cert. denied, 433 U.S. 911, 97 S.Ct. 2981, 53 L.Ed.2d 1096 (1978), I respectfully dissent.

In Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), the Supreme Court addressed and decided a single issue:

whether state prisoners — who have been afforded the opportunity for…