LATTIMORE v. CRAVEN

No. 25742.

453 F.2d 1249 (1972)

Sherman J. LATTIMORE, Plaintiff-Appellant, v. Walter E. CRAVEN, Warden, Folsom State Prison, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 10, 1972.


Attorney(s) appearing for the Case

Robert F. O'Neal (argued), Sacramento, Cal., for plaintiff-appellant.

Mark L. Christiansen, Deputy Atty. Gen. (argued), Thomas C. Lynch, Atty. Gen. of Cal., William E. James, Asst. Atty. Gen., San Diego, Cal., for defendant-appellee.

Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge.


WILLIAM M. BYRNE, District Judge:

A petition for a writ of habeas corpus was filed in the United States District Court for the Southern District of California by the appellant, who sought relief upon the ground that his state court trial was "fundamentally unfair" because the jury selected to try the case was not comprised of members from a cross section of the immediate community within the jurisdiction of the trial court.

The petition which was filed on...

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