Kimmelman, Attorney General of New Jersey, et al. v. Morrison (477 U.S. 365)
U.S. Supreme Court · decided June 26, 1986 · Supreme Court Database (Spaeth)
- Citation
- 477 U.S. 365 · 106 S. Ct. 2574
- Decided
- June 26, 1986
- Term
- October Term 1985
- Vote
- 9–0
- Majority author
- Justice Brennan
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
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 Respondent, Neil Morrison, was convicted by the State of New Jersey of raping a 15-year-old girl. The case presented by the State at respondent’s bench trial consisted of scientific evidence and of the testimony of the victim, her mother, and the police officers who handled the victim’s complaint. The victim testified that Morrison, who was her employer, had taken her to his apartment, where he forced her onto his bed and raped her. Upon returning home, the girl related the incident to her mother, who, after first summoning Morrison and asking for his account of events, phoned the police. The police came to the victim’s home and transported her to the hospital, where she was examined and tested for indicia of a sexual assault. The State also called as a witness Detective Dolores Most, one of the officers who investigated the rape complaint. Most testified that she accompanied the…
Excerpt of a 62,445-character opinion. The full text and citation network load in the interactive viewer above.