alt.social-security-disability

On Sat, 22 Sep 2007 20:17:31 GMT, wrote:

>"Puddin' Man" wrote in message news:dkfaf31c65klngpqf1hn1jl8rc6df3d891@ ...

...

>I found a summary of the case, and it doesn't have anything to do
>with SSDI:
>
>Ryder v. Morris , 752 327, 332 (8th Cir. 1985)
>
>United States 8th Circuit Court of Appeals Reports -
> RYDER v. MORRIS, 752 327 (8th Cir. 1985)
>
>[1] Virgil Franklin Ryder appeals from a final judgment entered
>in the United States District Court for the Eastern District of
>Missouri denying his petition under 28 . § 2254 for habeas
>corpus relief. The district court dismissed the case without a
>hearing, holding that Ryder's claim he had been convicted of
>second degree murder on the basis of illegally seized evidence
>was barred from federal habeas review by Stone v. Powell,
>428 . 465, 96 . 3037, 49 1067 (1976).
>
>For reversal, Ryder contends that in the circumstances of this
>case (1) the district court's reliance on Stone v. Powell was
>misplaced; and (2) his sentence was based on an erroneous
>presentence report, in violation of his rights under the fifth, sixth,
>and fourteenth amendments. We conclude the district court did
>not err in holding Ryder's conviction had been constitutionally
>obtained; however, we remand for hearing in the district court
>of Ryder's challenge to the legality of his sentence.

This is a Big Help. Much thanks. To out-search po' me is no
big deal: to out-search po' me -and- Jack is impressive. Cudos.

I didn't necessarily expect it to be a SSDI case. Lots of non-SSDI
cases can get quoted directly or indirectly in SSDI decisions.

Wouldn't mind hearing how you found it ...

I still need the original text of the decision if I can get it,
because the above doesn't specifically delineate what issue(s)
were ignored with impunity due to not being put before a lower court.
There's also (potentially) a "manifest injustice" issue or somesuch.

Best,
Puddin'

"Mit der Dummheit kaempfen Goetter selbst vergebens!"
-Friedrich Schiller