Joseph Louis Scarpati v. Louie L. Wainwright, Director, Florida Division of Corrections

Joseph Louis Scarpati sought habeas corpus relief from a conviction and 25 year sentence for robbery, asserting that evidence admitted at his robbery trial was obtained by an unconstitutional search of his home following his arrest. The district court denied the writ. We affirm.

Petitioner contends that the new search restrictions announced on June 23, 1969 in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685, should be applied to this ease since on that date his conviction was still on direct appeal in the state courts of Florida. 1 The Supreme Court in Williams v. United…