Culp Able was convicted of murder in state court. Central to the state's case was a confession that Able uttered before being given his Miranda warnings.
The trial judge received the confession in evidence over the defendant's objection, and Able was convicted. On appeal, the intermediate state appellate court and later the state supreme court considered and rejected Able's challenge to the admissibility of the confession.
Then Able filed an application for federal habeas corpus relief, citing only the alleged Miranda violation as a basis for the reversal of his conviction.
Relying on Stone v. Powell (1976) the state argues that the petition should be dismissed because Able was afforded "a full and fair opportunity to litigate his Fifth Amendment claim in state courts." If you were the federal district judge, how would you rule?
Should Able get his day in federal court?
Your position will be listed below.In your paper, please discuss fully, using the key terms in Chapters 1-2, 4-7, 17-20.Citing U.S. SUPREME COURT CASES is required.
Explain the legal process from ARREST to POST APPEAL SENTENCING. Your the defense