Culp Able was convicted of murder in state court. Central to the state’s case was a confession that Able uttered before being given his Miranda warnings. The trial judge received the confession in evidence over the defendant’s objection, and Able was convicted. On appeal, the state intermediate appellate court and state supreme court considered and rejected Able’s challenge to the admissibility of the confession. Then Able filed an application for federal habeas corpus relief, citing only the alleged Miranda violation as a basis for the reversal of his conviction.

Relying on Stone v. Powell (1976), the state argues that the petition should be dismissed because Able was afforded “a full and fair opportunity to litigate his Fifth Amendment claim in the state courts.” If you were the federal district judge, how would you rule? Should Able get his day in federal court?