Davis v. Warden of Maryland Penitentiary

In this application for leave to appeal from a denial of post conviction relief, the petitioner raised ten points below, which were discussed in an opinion by Judge Sodaro. The first contention was that the petitioner was convicted on evidence obtained as a result of an illegal search and seizure, and Judge Sodaro stated that the objection could not be raised in a post conviction proceeding. That statement would appear to be too broad in the light of Mapp v. Ohio, 367 U. S. 643, because a claim of a violation of procedural due process would seem to be open under Code (1963 Supp.), Art. 27,…