Howell v. Gladden

A prisoner appeals from a judgment dismissing his petition for postconviction relief. The facts concerning his burglary conviction are set forth in State v. Howell, 237 Or 382, 388 P2d 282 (1964).

The issue tried in the postconviction proceedings below was whether the defendant had been convicted in part by the use of illegally seized evidence. The officer, while arresting the prisoner for drunk driving, seized a roll of coins and burglars’ tools from the automobile. These exhibits (and others) were used by the state in convicting the prisoner. The postconviction court held, on the merits,…