(DOWNLOAD) "Hubbard v. Jeffes" by Third Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Hubbard v. Jeffes
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 07, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Opinion OF THE COURT Kim Lee Hubbard appeals from a denial of his petition for federal habeas corpus. He was convicted in the Lycoming County Court of Common Pleas, Criminal Division, of second degree murder. The Pennsylvania Supreme Court twice upheld the conviction, after direct appeals in which Hubbard contended that the admission of certain evidence transgressed his Fourth Amendment rights, that the evidence at trial was insufficient to support the conviction, and that his trial and post-trial counsel had been ineffective.1 Hubbard once again advances these contentions in the current petition. Specifically, he claims that because the police neglected to read him the Miranda warnings before requesting the items, he did not voluntarily consent to the seizure of his boots and car. Thus, he argues, the admission of evidence obtained from this ""seizure"" violated the standards of voluntariness required by the Fourth Amendment.2 Additionally, Hubbard asserts that his trial counsel was ineffective in failing to make a timely suppression motion and in not interposing objections to allegedly inflammatory closing remarks by the prosecutor. Finally, Hubbard challenges the assistance rendered by post-trial counsel on the ground that he did not raise in post-trial motions the issue of trial counsel's performance. We conclude that the state court afforded Hubbard an adequate opportunity to present his Fourth Amendment claim, and that his other contentions are without merit. Accordingly, we affirm the district court's denial of the habeas petition.
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