United States ex rel. Fletcher v. Wainwright
District Court, S.D. Florida
1Opinion of the Court
ORDER
FULTON, Chief Judge.
Petitioner is presently serving concurrent sentences in the Florida State Prison at Raiford, Florida, upon convictions for grand larceny and breaking and entering. He seeks a writ of habeas corpus on the grounds that he was unlawfully arrested without a warrant, and that evidence obtained without a search warrant and by means of an unreasonable search was introduced against him at trial.
It is by now well established that an alleged unlawful arrest without a warrant is not grounds for issuing a writ of habeas corpus under 28 U.S.C. § 2254 unless that arrest in some way…
2Cases cited6 opinions
- Arnold Sanchez Fernandez v. John H. KlingerCourt of Appeals for the Ninth Circuit · 1965
- Anthony Paul Marullo v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- Dr. George J. Beto, Director, Texas Department of Corrections v. Eugene SykesCourt of Appeals for the Fifth Circuit · 1966
- Green v. YeagerDistrict Court, D. New Jersey · 1963
- Howard v. FloridaDistrict Court, S.D. Florida · 1966
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3Cited by4 opinions
- Robert Fixel v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1974
- Lewis v. OklahomaDistrict Court, W.D. Oklahoma · 1969
- Hayes v. WainwrightDistrict Court, N.D. Florida · 1969
- Robert Fixel v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1974