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Allen Vs. Mccurry

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  • US Supreme Court
  • Dec 09, 1980

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71 entries 7 linked 64 unlinked
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  1. Angel Vs. Bullington US Supreme Court · Feb 17, 1947
  2. Monroe Vs. Pape US Supreme Court · Feb 20, 1961
  3. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  4. Stone Vs. Powell US Supreme Court · Jul 06, 1976
    Relied / Followed
  5. Preiser Vs. Rodriguez US Supreme Court · May 07, 1973
  6. Mitchum Vs. Foster US Supreme Court · Jun 19, 1972
  7. Robb Vs. Connolly US Supreme Court · May 05, 1884
  8. U.S. 90 (1980) U.S. Supreme Court Allen v. McCurry
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  9. U.S. 90 (1980) Allen v. McCurry
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  10. to litigate his search and seizure claim, respondent was barred by Stone v. Powell
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  11. already decided against him in the state courts. The Court of Appeals reversed and remanded, noting that Stone v. Powell
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  12. in part, and McCurry was subsequently convicted after a jury trial. The conviction was later affirmed on appeal. State v. McCurry
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  13. to litigate his seizure claim, McCurry was barred by this Court's decision in Stone v. Powell
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  14. issues determined against the federal plaintiff in a state criminal trial. Id. at 798. But noting that Stone v. Powell
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  15. the parties or their privies from relitigating issues that were or could have been raised in that action. Cromwell v. County
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  16. relitigation of the issue in a suit on a different cause of action involving a party to the first case. Montana v. United
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  17. Page 449 U. S. 95 of issues decided earlier in federal court suits, Blonder-Tongue Laboratories, Inc. v. University
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  18. in a new federal suit against the party who lost on the decided issue in the first case, Parklane Hosiery Co. v. Shore
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  19. to litigate that issue in the earlier case. Montana v. United
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  20. Blonder-Tongue Laboratories, Inc. v. University
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  21. courts generally have also consistently accorded preclusive effect to issues decided by state courts. E.g., Montana v. United
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  22. the comity between state and federal courts that has been recognized as a bulwark of the federal system. See Younger v. Harris
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  23. Huron Holding Corp. v. Lincoln
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  24. Davis v. Davis
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  25. actions. But in Preiser v. Rodriguez
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  26. that res judicata principles fully apply to civil rights suits brought under that statute. See also Huffman v. Pursue
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  27. Wolff v. Page
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  28. of estoppel was still alive in the federal courts until well into this century, see Blonder-Tongue Laboratories, Inc. v. University
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  29. Ku Klux Klan and its sympathizers on the governments and law enforcement agencies of the Southern States, see Monroe v. Pape
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  30. concern that the state courts had been deficient in Page 449 U. S. 99 protecting federal rights, Mitchum v. Foster
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  31. law rules of collateral estoppel and res judicata. Since repeals by implication are disfavored, Radzanower v. Touche
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  32. it was altering the balance of judicial power between the state and federal courts. See Mitchum v. Foster
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  33. was adding to the jurisdiction of the federal courts, not subtracting from that of the state courts. See Monroe v. Pape
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  34. in Monroe v. Pape
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  35. plaintiffs in state court came before this Court's decision in Stone v. Powell
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  36. The Court of Appeals thus concluded that, since Stone v. Powell
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  37. suit. Stone v. Powell
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  38. of which is not to redress civil injury, but to release the applicant from unlawful physical confinement, Preiser v. Rodriguez
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  39. of the capacity of the state courts to render correct decisions on constitutional issues. It is ironic that Stone v. Powell
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  40. Robb v. Connolly
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  41. The merits of the Fourth Amendment claim are discussed in the opinion of the Missouri Court of Appeals. State v. McCurry
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  42. Nevertheless, relying on the doctrine of Younger v. Harris
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  43. of course, may require an exception to the normal rules of collateral estoppel in particular cases. E.g., Montana v. United
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  44. noted in Preiser applied res judicata to issues decided both in state civil proceedings, e.g., Coogan v. Cincinnati
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  45. Bar Assn., 431 F.2d 1209, 1211 (CA6 1970), and state criminal proceedings, e.g., Goss v. Illinois
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  46. E.g., Robbins v. District
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  47. Jennings v. Caddo
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  48. Lovely v. Laliberte
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  49. Brown v. Georgia
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  50. Tang v. Appellate
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