(DOWNLOAD) "Gullett v. United States" by United States Court of Appeals for the Eighth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Gullett v. United States
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 27, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Pope, a state prisoner, appeals from the denial of his petition for a writ of habeas corpus by the federal district court. Pope was originally convicted of first degree robbery, a violation of V.A.M.S. § 560.120, in the Circuit Court, City of St. Louis, Missouri. This conviction was affirmed in State v. Pope, 364 S.W.2d 564 (Mo. 1963). In 1964, under Missouri Supreme Court Rule 27.26, the petitioner sought to vacate the judgment and sentence on the grounds of (1) the prosecutions alleged use of perjured testimony and (2) an unlawful arrest and illegal search and seizure relating to an earring taken from his person and admitted into evidence against him. His claim was denied without an evidentiary hearing. This denial was affirmed upon appeal on several grounds, one being that the petitioner was estopped to raise the search and seizure issue on collateral attack since he had not done so upon trial and direct review. See State v. Pope, 411 S.W.2d 212 (Mo. 1967).