Whiteley v. Warden, Wyoming State Penitentiary

Petitioner Whiteley, in 1965, was convicted in the District Court for the Second Judicial District of the State of Wyoming on charges of breaking and entering and being an habitual criminal.1 Both at his arraignment and at trial Whiteley challenged the constitutionality of the use of evidence seized during a search incident to an arrest which he claimed was illegal. The trial court overruled petitioner’s motion to suppress, and on appeal the Supreme Court of Wyoming affirmed. Whiteley v. State, 418 P. 2d 164 (1966). This proceeding commenced with a petition for habeas corpus in the United…