PETERS v. KIFF

No. 73-2029.

491 F.2d 967 (1974)

Dean Rene PETERS, Petitioner-Appellant, v. C. P. KIFF, Warden, Macon Prison Branch, Macon County, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 1974.


Attorney(s) appearing for the Case

Edward T. M. Garland, Atlanta, Ga., for petitioner-appellant.

Dorothy T. Beasley, Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, CLARK and GEE, Circuit Judges.


PER CURIAM:

In Peters v. Kiff,1 the Supreme Court held that Peters, a Georgia convict of burglary, a member of the white race, had constitutional standing to challenge by habeas corpus the systematic exclusion of Negroes from the grand and petit juries which had tried and convicted him. The case had a long and complicated history, set forth at 407 U.S. 494.

In two trials, held in 1966, Peters "made no challenge to the method of...

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