Thomas v. Warden, Maryland Penitentiary

Full title: Robert L. THOMAS, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee

Court: United States Court of Appeals, Fourth Circuit

Date published: Jul 6, 1965

350 F.2d 395 (4th Cir. 1965)

Opinion

No. 9934.

Argued July 2, 1965.

Decided July 6, 1965.

Benjamin L. Brown, Baltimore, Md. (Court-assigned counsel) [Howard Hargrove, Baltimore, Md., on brief], for appellant.

Robert F. Sweeney, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and BUTZNER, District Judge.

PER CURIAM.

The question, involving an asserted illegal seizure of evidence followed by a guilty plea in a proceeding which became final before Mapp,¹ is resolved by the Supreme Court's recent decision in Linkletter.²

1 Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.

2 Linkletter v. Walker, 85 S.Ct. 1731.

Affirmed.