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SISK v. LANE

No. 14382.

331 F.2d 235 (1964)

Rufus Glenn SISK, Petitioner-Appellant, v. Ward LANE as Warden of the Indiana State Prison, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

May 1, 1964.

Attorney(s) appearing for the Case

William E. Borror, Fort Wayne, Ind., for appellant.

Edwin K. Steers, Atty. Gen., Carl E. Van Dorn, Asst. Atty. Gen., Indianapolis, for appellee.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.

KILEY, Circuit Judge.

The decisive question1 in this habeas corpus proceeding is whether the exclusionary rule announced in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed. 2d 1081 (1961), should be applied retroactively to a 1950 search of Sisk's automobile, resulting in seizure of evidence used to convict him in Indiana courts. The question is important because if Mapp is applied retroactively here a...

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