United States ex rel. Dalton v. Myers

FREEDMAN, District Judge.

This is a petition for habeas corpus which attacks a conviction in the state courts on the ground of an unlawful search and seizure. The relator’s claim has never been considered on the merits in the state courts. The preliminary question therefore is whether he has exhausted his state remedies within the meaning of 28 U.S.C. § 2254.

On May 25, 1961, relator was found guilty by a jury of burglary, larceny and conspiracy. This was prior to Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed. 2d 1081, which was decided on June 19, 1961. His motions in arrest of judgment…