United States of America Ex Rel. Oscar Walden, Jr. v. Frank J. Pate, Warden, Illinois State Penitentiary, Joliet Branch

KILEY, Circuit Judge.

Walden’s petition under the Habeas Corpus Act, 28 U.S.C. § 2241 et seq., dismissed without a hearing by the district court, presents the question whether the exclusionary rule recently announced by the Supreme Court in Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) must be applied retrospectively.

The petition alleges that Walden was denied access to counsel following his arrest and before his confession to the crime of rape, which was introduced in the 1952 rape trial. A jury convicted him and he was sentenced to seventy-five years’…