NEWMAN v. HENDERSON

No. 73-3393.

539 F.2d 502 (1976)

John NEWMAN, Petitioner-Appellee, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 13, 1976.


Attorney(s) appearing for the Case

Shirley G. Wimberly, Asst. Dist. Atty., Louise Korns, Barbara Rutledge, New Orleans, La., for respondent-appellant.

John W. Reed, New Orleans, La. (Court-appointed), for petitioner-appellee.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.


Rehearing and Rehearing En Banc Denied December 13, 1976.

DYER, Circuit Judge:

In 1964, Newman was convicted of aggravated rape in the Criminal District Court in the Parish of Orleans, Louisiana. He did not appeal. He unsuccessfully applied for a writ of habeas corpus in Louisiana courts, charging racial discrimination in the selection of the grand jury which had indicted him. His petition was rejected on the ground that the grand jury system prevailing at...

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