Mathis v. Warden of Maryland House of Correction

Pee Cueiam. Dwight Sands Don Mathis seeks leave to appeal from the denial of his application for post conviction relief by memorandum and order of November 24, 1965, entered by Chief Judge Macgill in the Circuit Court for Anne Arundel County. Don Mathis was convicted of perverted sex practice under two indictments and possession of obscene literature under a third in the Circuit Court for Anne Arundel County, Judge Evans presiding, on November 10, 1964. Subsequently, Don Mathis was sentenced to five years on each of the perverted sex practice convictions and one year on the possession of obscene literature conviction, all the sentences to run concurrently.

In his application for post conviction relief, Don Mathis contended that the Court of Appeals’ denial of his petition for extension of time for transmitting the record in his appeal deprived him of due process and that his conviction for possession of obscene literature followed an unlawful search and seizure. 1 After a hearing in which testimony was taken and at which Don Mathis was represented by court-appointed counsel, Chief Judge Macgill found that Don Mathis voluntarily consented to the police officer’s search of the trunk of the car in which Don Mathis was riding when arrested in that Don Mathis requested the police officer to remove some valuables from his trunk. If consent to the search is voluntary, the evidence seized is