Kimmelman v. Morrison
- Decided
- June 26, 1986
- Docket
- 84-1661
- Status
- Published
- Jurisdiction
- Federal
Cited 3,502 timesNo negative treatment found in this library
What later courts said
- holding that collateral review is appropriate even when the underlying error is based on the Fourth Amendment — Kevin Winston Osborn v. Duane Shillinger, Warden of the Wyoming State Penitentiary A.G. McClintock the Attorney General of the State of Wyoming (1988)
- holding that the trial attorney’s failure to conduct pre-trial discovery and resulting failure to file a motion to suppress evidence was unreasonable and fell below prevailing professional norms. — Austin v. Bell (1996)
- holding that a habeas petitioner may advance a claim of ineffective assistance of counsel based on “counsel’s failure to litigate a Fourth Amendment claim competently” — Patrick Neiss v. Pete Bludworth (2024)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*368] Justice Brennan delivered the opinion of the Court.
The question we address in this case is whether the restrictions on federal habeas review of Fourth Amendment claims announced in Stone v. Powell, 428 U. S. 465 (1976), should be extended to Sixth Amendment claims of ineffective assistance of counsel where the principal allegation and manifestation of inadequate representation is counsel’s failure to file a timely motion to suppress evidence allegedly obtained in violation of the Fourth Amendment.
I
Statutes cited
Cite this
Kimmelman v. Morrison, 477 U.S. 365 (1986)Read the full opinion
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