[DOWNLOAD] "United States v. Warden" by United States Court of Appeals for the Seventh Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Warden
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 05, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
CUMMINGS, Circuit Judge. In this appeal from the district court's order directing the issuance of a writ of habeas corpus, the principal question before us is whether there was probable cause for Burbank's warrantless arrest. Petitioner was convicted of murder in the state court; the Supreme Court of Illinois affirmed. People v. Burbank, 53 Ill.2d 261, 291 N.E.2d 161 (1972), certiorari denied, 412 U.S. 951, 93 S. Ct. 3017, 37 L. Ed. 2d 1004. Petitioner instituted this action pending appeal of his conviction and use of the state post-conviction relief procedures. The district court initially dismissed this action for failure to exhaust state remedies. On appeal, this Court reversed and remanded the case with directions to ascertain the status of the collateral attack in the state courts. When no relief was forthcoming from the state courts, the district court held a hearing on petitioner's constitutional claims, concluding that the arresting police officers lacked probable cause for their action and therefore the subsequent confession was inadmissible. We disagree and reverse.