US SUPREME COURT DECISIONS

CARDWELL V. TAYLOR, 461 U. S. 571 (1983)

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U.S. Supreme Court

Cardwell v. Taylor, 461 U.S. 571 (1983)

Cardwell v. Taylor

No. 82-1496

Decided May 23, 1983

461 U.S. 571

Syllabus

The District Court denied relief in respondent's habeas corpus proceedings, holding that certain statements made by him and introduced in evidence against him in his Arizona murder trial were voluntary. Relying on Dunaway v. New York, 442 U. S. 200, which requires the exclusion of custodial statements following an arrest that violates the Fourth Amendment, unless the circumstances show the attenuation of the taint of the illegal arrest, the Court of Appeals reversed, holding that the District Court should have permitted respondent to argue the Fourth Amendment issue, and that the record established that his custodial statements were obtained in violation of Dunaway.

Held: Federal courts may not, on a state prisoner's habeas corpus petition, consider a claim that evidence obtained in violation of the Fourth Amendment should have been excluded at his trial, when the prisoner has had an opportunity for full and fair litigation of that claim in the state courts. Stone v. Powell, 428 U. S. 465. Thus, the Court of Appeals should not have considered the Fourth Amendment Dunaway issue, and on remand should only review the District Court's decision on the Fifth Amendment issue of the voluntariness of respondent's statements.

Certiorari granted; 692 F.2d 765, reversed and remanded.



























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