LUMPKIN v. RICKETTS

No. 76-3443 Summary Calendar.

551 F.2d 680 (1977)

Amos LUMPKIN, Petitioner-Appellant, v. James RICKETTS, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 2, 1977.


Attorney(s) appearing for the Case

Mack A. Player, Athens, Ga. (court-appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., B. Dean Grindle, Jr., John C. Walden, Richard L. Chambers, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 2, 1977.

TJOFLAT, Circuit Judge:

This appeal challenges the dismissal of a habeas corpus petition by the district court. The petitioner's primary complaint is that the district court erred in its determination that he had waived his right under state law to contest the constitutionality of the composition of the grand jury. We find that the lower court correctly so held and affirm.

In Francis v. Henderson...

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