Constitutional Law: Retroactive Effect Given
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چکیده
IN TE landmark decision of Mapp v. Ohio,' which barred for the first time the introduction in state courts of evidence obtained by unconstitutional searches and seizures,2 the Supreme Court did not expressly provide whether the decision was to have retroactive effect. The problem raised by this omission has significance to the substantial number of persons convicted of crimes prior to the Mapp decision on the basis of illegally seized evidence." The recent case of Hall v. Warden4 presents the first instance in which a court in meeting this question, has given retroactive effect to Mapp in a collateral attack of a pre-Mapp conviction.5
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