United States of America Ex Rel. Rudolph Boyance v. David N. Myers, Superintendent

OPINION OF THE COURT

HASTIE, Chief Judge.

This is the second appeal by a state prisoner from a denial of his petition for habeas corpus challenging the validity of his conviction and confinement. On first appeal we concluded that the district court had erred in dismissing the petition for alleged failure to exhaust state remedies, and in remanding the case for disposition on its merits we observed that the “illegal search and seizure claim, if established, is sufficient to require the vacation of petitioner’s conviction.” 3 Cir., 372 F.2d 111, 112. Thereafter, with the consent of the parties,…