In Kimmelman v. Morrison (1986) 477 U.S. 365, the Supreme Court affirmed the Court of Appeals decision granting a state defendant's petition for a writ of habeas corpus. The defendant had been convicted of rape involving a 15-year-old girl. Police officers illegally seized a sheet from the defendant's residence and subjected it to testing. The defendant's trial counsel failed to make a motion to suppress this illegally seized evidence. The attorney's reasons for his failure to move to suppress clearly indicated his incompetence. First he claimed he did not know about the evidence until the first day of trial (because he never requested discovery), and he did not believe the case was going to go to trial because the victim was reluctant to testify. The Supreme Court not only found this to be ineffective assistance of counsel, they also found it to be prejudicial since it could not be said the result of the trial would not have been different had the illegally seized evidence been excluded.