197 F.2d 815 - Barber v. United States — 197 F.2d 815

How this case has been cited

Cited by 47 later decisions — most recently March 1981 · most notably 56 Cal. 2d 879 - In Re Harris (1961), Houser v. United States (1974)

39 federal appellate · 2 district · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Isaac Jack Barber, pro se.

¶2Edwin Langley, U. S. Atty., and J. W. Crawford, Asst. U. S. Atty., Muskogee, Okla., for United States.

¶3Before PHILLIPS', Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

¶4PER CURIAM.

¶5Appellant, Isaac Jack Barber, filed a motion in the sentencing court under 28 U.S.C.A. § 2255 to vacate and set aside his judgment of conviction in that court. He has appealed from an adverse ruling.

¶6In his motion filed in the sentencing court, appellant states the question as follows:

“There is only one question of law to be decided in this motion and it is can the government use evidence illegally seized from the defendant’s home be used against him.”

¶7The agent for the Federal Bureau of Investigation entered appellant’s home and seized a pair of shoes without a search warrant. These shoes were introduced in evidence at his trial over objection by his attorney. Conceding, without deciding, that the shoes were erroneously received in evidence, their reception at most constituted a trial error occurring during the course of the trial. That error, if such it was, was one that could be challenged only by taking an appeal from the judgment of conviction and may not be raised for the first time by a proceeding under § 2255.1

¶8Affirmed.