United States of America Ex Rel. George Powell v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania

U.S. Court of Appeals for the Third Circuit
United States of America Ex Rel. George Powell v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania, 370 F.2d 331 (3d Cir. 1967)
1967 U.S. App. LEXIS 7854

United States of America Ex Rel. George Powell v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania

Opinion

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the denial of appellant’s petition for a writ of habeas corpus. He has alleged two related constitutional violations: (1) that he was denied the assistance of effective counsel at his trial; (2) that he was convicted on evidence illegally obtained. It is clear that unless his counsel was ineffective, appellant’s illegal search and seizure claim must be deemed to have been waived. See Henry v. State of Mississippi, 379 U.S. 443, 85 S.Ct. 564, 13 L.Ed.2d 408 (1965). The district court’s opinion (unreported) fully explores the factual background of this case; its basic find *332 ings are not clearly erroneous and fully support its conclusion that appellant was not denied the assistance of effective counsel.

The judgment of the district court will be affirmed.

Reference

Full Case Name
UNITED STATES of America Ex Rel. George POWELL, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pennsylvania
Cited By
3 cases
Status
Published