Green v. Warden of the Maryland Penitentiary
Green v. Warden of the Maryland Penitentiary
Opinion of the Court
Besides the claim that Judge Cullen and Judge Jones had erred in denying his first and second petitions for post convict tion relief, John W. Green, the applicant for leave to appeal, alleged in his third petition ten reasons why he was entitled to relief. Four of the contentions had been properly denied, either on the first or second petition or both, for the reasons stated by Judge Cullen and Judge Jones in their opinions in the
Even if it be assumed that the applicant had not waived the question he raised in his first petition as to the legality of an alleged search and seizure, he was not entitled to any relief on that account under Mapp v. Ohio, 367 U. S. 643, because, his conviction having become final before the filing of the first petition, Mapp would not have been retrospectively applicable in any event. See Linkletter v. Walker, 381 U. S. 618; Lee v. Warden, 240 Md. 721.
Application denied.
Reference
- Full Case Name
- GREEN v. WARDEN OF THE MARYLAND PENITENTIARY
- Status
- Published