United States Second Circuit

Denial of a habeas petition based on Stone v. Powell, 428 U.S. 465 (prohibiting habeas relief based on a Fourth Amendment violation) is a denial on the merits, for purposes of the Antiterrorism and Effective Death Penalty Act's requirements for a successive petition.

Appellate Information

• Decided 08/08/2002
• Published 08/12/2002

Judges

• JOHN M. WALKER, Jr., Chief Judge., Before WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Marcus Graham, pro se, Moravia, NY, for Petitioner.


• For Appellees:
  
• Ann Bordley, Assistant District Attorney, Kings County, Brooklyn, NY, for Respondent.