Wade v. Warden

In this application for leave to appeal from the denial of post conviction relief, the petitioner makes eight contentions, several of which are substantially the same. Judge Prendergast considered six of them, in addition to one not in the written petition but presumably raised at the hearing, but did not deal explicitly with the allegations of illegal arrest and illegal search and seizure.

In the lower court the petitioner did not produce any facts to substantiate either of these latter contentions.

If it be assumed that petitioner’s allegation of illegal arrest is true, the fact that his…