What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts?
MultiRegion, United States of America
The following excerpt is from Young v. Conway, 11-830-pr (2nd Cir. 2013):
1. By reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courtsand where the record in fact shows that he had that opportunitythe panel fails to adhere to Stone v. Powell, 428 U.S. 465, and creates a "circuit split."
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