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WELLS v. WAINWRIGHT

Nos. 72-3154, 72-3155 and 73-1050.

488 F.2d 522 (1973)

Eugene F. WELLS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee. Carl Everett ARNOLD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee. Walter L. ARBOGAST, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 4, 1973.

Attorney(s) appearing for the Case

Bruce S. Rogow, A. C. L. U. Foundation of Florida, Louis M. Jepeway, Jr., Miami, Fla., for petitioners-appellants.

Bennett H. Brummer, Asst. Public Defender, Miami, Fla., amicus curiae on behalf of petitioners-appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., William L. Rogers, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before WISDOM, GEWIN and CLARK, Circuit Judges.

PER CURIAM:

These appeals, which we have consolidated, request this court to rule on the validity of the waiver-by-failure-to-object principle applied in State v. Silva, 259 So.2d 153 (Fla. 1972). Silva condemned as unconstitutional the jury selection practice, followed in Dade County, Florida between 1966 and 1972, of intentionally including Negros and women on each array...

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