Opinion
No. 38625
Decided May 27, 1964.
Habeas corpus — Plea of guilty and sentence — Evidence — Claimed illegal search — Validity of arrest — Right to relief by habeas corpus not shown.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In January 1962, the Grand Jury of Cuyahoga County returned an indictment charging petitioner, Isaac Shelton, with one count of unlawful possession of narcotic drugs and one count of unlawful possession of certain instruments for the use of habit-forming drugs by subcutaneous injection. Petitioner pleaded not guilty at his arraignment, and counsel was appointed to represent him. Subsequently, on the advice of his counsel, he pleaded guilty to the charge of unlawful possession of instruments and was sentenced to the Ohio Penitentiary.
Mr. Isaac Shelton, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
Petitioner's basic contention is that he was subjected to an unlawful search and seizure, which voided his conviction under his plea of guilty.
Petitioner stated that officers of the Cleveland Police Department forced their way into his home and without a warrant proceeded to make an illegal search, during which they discovered the evidence upon which his subsequent conviction was based.
Petitioner entered a plea of guilty. Thus, there was no trial and no evidence was introduced.
Petitioner raises a further question as to the validity of his arrest. It is well settled that irregularities in relation to an accused's arrest cannot be inquired into by means of habeas corpus after his conviction. Brown v. Maxwell, Warden, 174 Ohio St. 29; and Wells v. Maxwell, Warden, 174 Ohio St. 198.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.