Riley V. Gray

This appeal raises questions concerning the scope of federal habeas corpus relief, 28 U.S.C. Sec. 2254, for violations of the fourth amendment. The district court issued the writ, finding that violations of the fourth amendment had occurred. The respondent-appellant, Frank H. Gray, appeals from the order granting the writ, asserting that Stone v. Powell, 428 U.S. 465, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976), precludes review of the petitioner's fourth amendment claims in federal habeas proceedings and that the deterrent purpose of the exclusionary rule would not be served by excluding the evidence used to convict Riley. We believe that habeas relief was properly granted and, therefore, we affirm.