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WADE v. CARSLEY

Nos. 27953, 28063.

433 F.2d 68 (1970)

Bertha Mae WADE, Plaintiff-Appellant, v. Joe CARSLEY, Sheriff of Tunica County, Defendant-Appellee. Wilfred L. THAMES, by his mother and next friend, Lula Mae Thames, Petitioner-Appellant, v. Max THOMAS, Superintendent, Hinds County Penal Farm, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 12, 1970.

Attorney(s) appearing for the Case

Robert J. Kelly, Batesville, Miss., Michael B. Trister, Oxford, Miss., for Bertha Mae Wade.

Garland Lyell, Jr., Asst. Atty. Gen., Jackson, Miss., for Joe Carsley.

MacDonald Gallion, Atty. Gen., of Ala., Walter S. Turner, Asst. Atty. Gen., Montgomery, Ala., for Amicus Curiae, State of Ala.; Herbert H. Henry, Asst. Atty. Gen., Montgomery, Ala., of counsel.

Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Pat Bailey, Executive Asst. Atty. Gen., Robert C. Flowers, Allo B. Crow, Jr., Asst. Attys. Gen., Austin, Tex., for Amicus Curiae, State of Tex.

James A. Lewis, Armand Derfner, Jackson, Miss., George M. Strickler, Jr., New Orleans, La., for Wilfred L. Thames.

Paul G. Alexander, Hinds County Pros. Atty., Jackson, Miss., for Max Thomas.

Before WISDOM, THORNBERRY and SIMPSON, Circuit Judges.

PER CURIAM:

These appeals were consolidated for the purpose of argument. The appellants presented oral argument, although the State of Mississippi waived oral argument in each case. The Attorneys General of Alabama and Texas filed amicus curiae briefs in Wade, No. 27,953. Each appeal presents the question of whether a state violates federal constitutional rights by imposing imprisonment upon an indigent for inability to pay a validly-imposed fine when the additional...

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