United States ex rel. LaMolinare v. Duggan

OPINION OF THE COURT

HASTIE, Chief Judge.

The appellant, a state prisoner, is seeking federal habeas corpus on the ground that his conviction of larceny and receiving stolen goods resulted from a trial by a judge sitting without a jury which did not satisfy the requirements of due process of law. More particularly, he complains that the police obtained the stolen articles by an illegal search and seizure of his car and thereafter used them as evidence against him at his trial. He also complains that he did not have effective representation by trial counsel.

These issues were first raised in an…