Sopko v. Maxwell

In this action, petitioner alleges that he is illegally detained because he was arrested without a warrant *124and without probable cause, that he was charged by a fraudulent affidavit, and that he was represented by incompetent counsel. Petitioner was represented at his preliminary hearing, arraignment and trial by counsel originally retained by him. During the proceedings, petitioner dismissed this counsel. However, inasmuch as petitioner was without funds, the court appointed the same attorney to represent him.

Even if an arrest is illegal, it does not affect the validity of a subsequent…