Kimmelman v. Morrison

Summary

The Court affirmed the Third Circuit's judgment requiring further consideration of prejudice. Justice Brennan's majority opinion held that Stone v. Powell does not bar federal habeas review of ineffective-assistance claims based on counsel's incompetent handling of Fourth Amendment issues. Such claims are distinct from the underlying search-and-seizure claims and remain subject to Strickland's demanding performance and prejudice requirements. Counsel's complete failure to conduct discovery was constitutionally deficient, but prejudice required further proceedings. The trial judge's comments at a bail hearing were not factual findings entitled to a presumption of correctness on the prejudice question. Justice Powell, joined by Chief Justice Burger and Justice Rehnquist, concurred in the judgment. He agreed that Stone did not bar review and that petitioners' performance and factual-deference arguments failed, but argued that whether admission of reliable, illegally obtained evidence can constitute Strickland prejudice remained open.