OSBORN OLDEN, PETITIONER-APPELLANT,
v.
LOUIS S. NELSON, RESPONDENT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the prisoner's contentions regarding the search and his statements were without merit.
A state prisoner appealed the denial of his habeas corpus petition, raising issues about a search of his mother's house and the admissibility of his s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Retroactivity Of Judicial Decisions cases and more on FLexlaw
PER CURIAM:
Olden, a state prisoner, appeals from the denial of a petition for habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.
First, he contends that his mother’s house, in which he lived, was searched without consent. The record amply supports the finding of consent made by the district court. The record would also sustain a finding that the search was incident to and contemporaneous with a valid arrest.
Next, Olden contends that statements made by him following his arrest and admitted at trial, were obtained in violation of the rules established in Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Neither case would assist Olden as they were decided subsequent to his trial and have no retroactive effect. Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966). Further, even if either rule applied to this case, the error would be clearly harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Chapman v. California, 386 U.S. 18 (U.S. 1967)
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)
- Johnson v. New Jersey, 384 U.S. 719 (U.S. 1966)