Legal Opinion
Charles Wesley O'Berry v. Louie L. Wainwright, Director, Division of Corrections
Court of Appeals for the Fifth Circuit
Decided March 10, 1977No. 75-2568PublishedCited by 71 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The State of Florida appeals from the grant of a writ of habeas corpus to Charles Wesley O’Berry (Petitioner). The writ was granted by the District Court for the Southern District of Florida on the grounds that evidence obtained as a result of an unconstitutional search of Petitioner’s automobile was introduced at Petitioner’s trial. Since we find that Petitioner received a full and fair consideration of his Fourth Amendment claims in the Florida state courts, we are precluded by the doctrine announced in Stone v. Powell, 1976, 428 U.S. 465, 96 S.Ct. 3037, 49…
2Cases cited37 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Townsend v. SainSupreme Court of the United States · 1963
- Stone v. PowellSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
32 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Joseph Riley v. Frank H. Gray, Supt.Court of Appeals for the Sixth Circuit · 1982
- Sanna v. DiPauloCourt of Appeals for the First Circuit · 2001
- Arthur Richard Gates v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- Terry Lee Goodwin v. Charles Balkcom, WardenCourt of Appeals for the Eleventh Circuit · 1982
66 more not listed; retrieve them via the Exa API.