Lamarr Rowell v. Jack Palmer

MEMORANDUM

Lamarr Rowell brings this petition for habeas corpus alleging that Nevada police violated the Fourth Amendment in connection with his 2007 arrest and conviction for burglary and grand larceny. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and we affirm the district court’s denial of Rowell’s habeas petition.

Even assuming Stone v. Powell, 428 U.S. 465 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976), and Tollett v. Henderson, 411 U.S. 258 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973), do not bar federal habeas review of Rowell’s Fourth Amendment claim, Rowell’s habeas petition must be denied because his constitutional right against unreasonable searches and searches was not violated.

The Nevada Supreme Court did not reach the merits of Rowell’s Fourth Amendment claim; rather, it dismissed the claim on procedural grounds. We therefore “look through” the state Supreme Court “to the last reasoned state court decision to address the claim at issue.” See Medley v. Runnels, 506 F.3d 857, 862 (9th Cir.2007) (en banc). Here, that decision came from the Nevada trial court, which held an evidentiary hearing on Rowell’s Fourth Amendment claim and gave reasons for rejecting it. We will…