Gibbs v. LeGrand
2:11-cv-00750
D. Nev.Mar 14, 2016Background
- Petitioner George W. Gibbs, a Nevada state prisoner, filed a 28 U.S.C. §2254 habeas petition; this Court originally dismissed it as untimely, but the Ninth Circuit reversed and remanded for merits review.
- The amended petition includes four grounds; Ground 1 alleges a Fourth Amendment violation based on a warrantless search of Gibbs’s residence.
- Gibbs litigated suppression motions in state district court challenging the search; those motions were denied.
- Gibbs raised the Fourth Amendment claim on direct appeal to the Nevada Supreme Court, which considered and rejected it.
- Respondents moved to have Ground 1 dismissed under Stone v. Powell, arguing Gibbs had a full and fair opportunity to litigate the Fourth Amendment claim in state court.
- The district court agreed and dismissed Ground 1 with prejudice, while ordering respondents to answer Grounds 2–4 on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal habeas review of Gibbs’s Fourth Amendment claim is barred because he had a full and fair opportunity to litigate it in state court | Gibbs contends the warrantless search violated his Fourth Amendment rights and raised that claim in state suppression motions and on direct appeal | Respondents assert Stone v. Powell bars federal habeas review when the state provided a full and fair opportunity to litigate the Fourth Amendment claim | Court held Stone bars review here; Ground 1 dismissed with prejudice |
Key Cases Cited
- Stone v. Powell, 428 U.S. 465 (1976) (federal habeas relief unavailable for Fourth Amendment claims if state courts provided full and fair opportunity to litigate)
- Kuhlmann v. Wilson, 477 U.S. 436 (1986) (discussing the rationale for excluding Fourth Amendment claims from habeas review)
- Terrovona v. Kinchloe, 912 F.2d 1176 (9th Cir. 1990) ( Ninth Circuit precedent on what constitutes a full and fair opportunity to litigate Fourth Amendment claims)
- Abell v. Raines, 640 F.2d 1085 (9th Cir. 1981) ( Ninth Circuit decision addressing exhaustion/full-and-fair-litigation concepts for search-and-seizure claims)