Terry Leroy Abell v. Robert R. Raines

Appellant appeals from the dismissal of a habeas corpus action. He was convicted after a jury trial in the Arizona state courts of possession of obscene materials with intent to sell and of lewd and lascivious acts. Prior to the institution of habeas proceedings in the district court, appellant unsuccessfully appealed to the Court of Appeals of the State of Arizona and the Supreme Court of that state. Additionally, appellant exhausted his state remedies by seeking post-conviction relief. Appellant’s contentions center on the allegedly unconstitutional search and seizure of admittedly obscene materials. The district judge concluded that “Petitioner was provided an opportunity for full and fair litigation of these Fourth Amendment claims in the state courts. Therefore, the relief requested in the present petition for writ of habeas corpus must be denied. Stone v. Powell, 428 U.S. 465, 494 , 96 S.Ct. 3037, 3052 , [ 49 L.Ed.2d 1067 ] (1976).” We affirm.

APPELLANT’S CONTENTIONS

Appellant contends:

(1) that the process by which the search warrant was issued was insufficient to satisfy constitutional requirements. Specifically, appellant alleges that the affidavit which supported…