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Stone precludes using co-defendant's suppression hearing on habeas

By John Wesley Hall, Jr.

Stone also precludes attempting to supplement the record with the co-defendant's suppression hearing. Veasman v. Mullin, 2008 U.S. Dist. LEXIS 11690 (N.D. Okla. February 15, 2008): The Court also finds that Petitioner's "motion to expand record with newly discovered evidence" (Dkt. # 16) shall be denied. In that motion, Petitioner requests that the record be expanded to include the transcript from the preliminary hearing held for his co-defendant, Pamela Dover. Petitioner asserts that the transcript contains information supporting his claim that he was subjected to an unconstitutional search and seizure. Because the Court has determined that consideration of Petitioner's Fourth Amendment claim is precluded by Stone v. Powell, expansion of the record is not warranted and, for that reason, Petitioner's motion shall be denied...continue to full post

Full post as published by Fourth Amendment on February 21, 2008 (boomark / email).