Regarding Stone v. Powell, the Court noted that other Circuits had come to different conclusions about how it applied to ineffective assistance of counsel claims. The Second Circuit had blocked a Sixth Amendment claim,LiPuma v. Commissioner, 560 F.2d 84 (2d Cir.1977), cert. denied, 434 U.S. 861 (1978) but the Fourth Circuit had gone the other way,Sallie v. State of North Carolina, 587 F.2d 636 (4th Cir.1978), cert. denied, 441 U.S. 911 (1979) and district courts in other circuits similarly had differing opinions. Deciding not to use Stone v. Powell to block Morrison's Sixth Amendment claim, the Court said:
