DocketNumber: No. 363, Docket 28612
Citation Numbers: 333 F.2d 28
Filed Date: 6/15/1964
Status: Precedential
Modified Date: 7/23/2022
Relator seeks habeas corpus claiming that his confinement under a state court conviction violates the fourth amendment because of an illegal search and seizure. The alleged search and seizure occurred on or about February 25, 1956. Relator’s conviction became final on July 23, 1956, when his appeal from the judgment of conviction was dismissed for lack of prosecution. In granting the writ, Judge Tyler held that relator was entitled to relief under Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), even though relator’s conviction became final prior to that decision and prior to the search and seizure that was the subject of the Mapp case.
Order reversed.
. Miss Mapp’s apartment was searched unlawfully on May 23, 1957. 367 U.S. at 644, 81 S.Ct. 1684.