CARLTON v. ESTELLE

No. 72-3544.

480 F.2d 759 (1973)

Darrell Eugene CARLTON, #166802, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 28, 1973.


Attorney(s) appearing for the Case

Bertrand C. Moser (Court-appointed), Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Howard M. Fender, Guy C. Fisher, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.


BELL, Circuit Judge:

At appellant's state trial for rape the prosecution introduced evidence which derived from a warrantless search of his automobile. There was no direct appeal from his conviction, but appellant pursued collateral state remedies and ultimately petitioned the district court for a writ of habeas corpus. He alleged that the warrantless search of his automobile had been unreasonable under the Fourth Amendment. The district court denied relief. We affirm...

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