The following excerpt is from Hernandez v. Estelle, 972 F.2d 1339 (9th Cir. 1992):
Hernandez first argues that the trial court erred by denying his suppression motion. Because he had a full and fair opportunity to present his fourth amendment claims at trial and on direct appeal, he may not raise them in a federal habeas corpus petition. See Stone v. Powell, 428 U.S. 465, 481 & n. 16, 494 (1976).
Hernandez next argues that the prosecutor commented on his failure to testify, thereby infringing his fifth amendment privilege against self-incrimination in violation of Griffin v. California, 380 U.S. 609, 615 (1965). This argument fails.
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