Tracy A. Roberson v. Brian Eller, Warden

This case presents an important nationwide issue concerning whether the Antiterrorism and Death Penalty Act of 1996 (“ARDPA”) over-ruled Stone v. Powell. 428 U.S. 465 (1976). This question, of whether the AEDPA expressly over-ruled Stone v. Powell, has gone unanswered since the “AEDPA’s” enactment and/or amendment of § 2254. in 1996. This petition represents an opportunity for the Supreme Court to settle whether under the “AEDPA” act as amended in 1996, whether Congress, with the enactment of 28 U.S.C. § 2254 intended to provide an expeditious remedy for Fourth Amendment violations of State prisoners. Mr. Roberson presents the questions that follows:

1. As a matter of statutory construction, did congress, with the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) expressly abrogated and/or over rule this Court’s decision in Stone v. Powell, 428 U.S. 465 (1976).?

2. As a matter of statutory construction, did congress, with the enactment of the Antiterrorism and Death Penalty Act of 1996 (“AEDPA”) intend to allow state prisoners to litigate Fourth Amendment claims on federal habeas review after exhausting the claim in the state courts first?

3. As a matter of statutory construction, does the clear text of 28 U.S.C. § 2254, et. seq., as amended by the enactment of the Antiterrorism and Effective Death Penalty Act of

4. (“AEDPA”) intend to prohibit Fourth Amendment claims from being cognizable on federal habeas review?