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MORRIS v. SULLIVAN

No. 73-3110.

497 F.2d 544 (1974)

Eric MORRIS and Riley Sanders, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. L. B. SULLIVAN, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 11, 1974.

Attorney(s) appearing for the Case

Ralph Knowles, Jr., University, Ala., Laughlin McDonald, Charles Morgan, Jr., Atlanta, Ga., for plaintiffs-appellants.

William J. Baxley, Atty. Gen., William A. Golinsky, Asst. Atty. Gen., Montgomery, Ala., Herbert H. Henry, Asst. Atty. Gen., Birmingham, Ala., for defendants-appellees.

Before BELL, GOLDBERG and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 11, 1974.

PER CURIAM:

Did Morris and Sanders (Petitioners) waive their claims of systematic discrimination in the selection of grand and petit jurors by failing to raise them prior to their filing of the instant consolidated federal habeas corpus case?1

Sanders was convicted in 1964 of murder in the Bessemer division of Jefferson County, Alabama, but the death sentence he received...

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