United States Ex Rel. Victor Link-Letter v. Victor G. Walker, Warden, Louisiana State Penitentiary, Angola, Louisiana, and the State of Louisiana

RIVES, Circuit Judge.

This is an appeal from a denial of a writ of habeas corpus. On May 28,1959, the petitioner, Victor Linkletter, was convicted in the criminal district court for the Parish of Orleans for the crime of simple burglary. This judgment was affirmed by the Louisiana Supreme Court February 15, 1960, and rehearing was denied on March 21, 1960. Petitioner is presently serving a nine-year sentence at hard labor in the Louisiana State Penitentiary.

On December 8, 1961, after the decision in the ease of Mapp v. Ohio, 1961, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d *121081, the Judicial…