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FRANCIS v. HENDERSON

No. 74-5808.

425 U.S. 536 (1976)

FRANCIS v. HENDERSON, WARDEN.

Supreme Court of United States.

Decided May 3, 1976.

Attorney(s) appearing for the Case

Bruce S. Rogow, by appointment of the Court, 421 U.S. 1009, argued the cause for petitioner. With him on the brief was Louis Jepeway, Jr.

Barbara Rutledge, Assistant Attorney General of Louisiana, argued the cause for respondent. With her on the brief were William J. Guste, Jr., Attorney General, Harry F. Connick, and Louise Korns.

MR. JUSTICE STEWART delivered the opinion of the Court.

In Davis v. United States, 411 U.S. 233, the Court held that a federal prisoner who had failed to make a timely challenge to the allegedly unconstitutional composition of the grand jury that indicted him could not after his conviction attack the grand jury's composition in an action for collateral relief under 28 U. S. C. § 2255. The question in this case is...

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