UNITED STATES v. CLARK

No. 71-1561.

459 F.2d 977 (1972)

UNITED STATES of America, Appellee, v. Thomas Byron CLARK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 3, 1972.

Rehearing and Rehearing Denied June 2, 1972.


Attorney(s) appearing for the Case

Ronald M. Sokol, Asst. Federal Public Defender, Kansas City, Mo., for appellant.

Thomas H. Stahl, Asst. U. S. Atty., Kansas City, Mo., Bert C. Hurn, U. S. Atty., for appellee.

Before GIBSON, HEANEY and ROSS, Circuit Judges.


HEANEY, Circuit Judge.

In this case, we are asked to permit a defendant who entered a plea of nolo contendere in the District Court to assert, on appeal, that his motion to suppress evidence should have been granted. In order to do so, we would have to reject the rule that a plea of nolo contendere, like a plea of guilty, waives all nonjurisdictional defects, including allegedly illegal searches and seizures. See, United States ex rel. Rogers v. Warden of Attica State...

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