BEECHER v. BAXLEY

No. 76-2665.

549 F.2d 974 (1977)

Johnny Daniel BEECHER, Plaintiff-Appellant, v. William BAXLEY, Attorney General of the State of Alabama, and Fred B. Simpson, District Attorney of Madison County, Alabama, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 30, 1977.


Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Jack Greenberg, James M. Nabrit, III, David E. Kendall, Lynn Walker, New York City, for plaintiff-appellant.

William J. Baxley, Atty. Gen., Montgomery, Ala., Gordon B. Loftin, II, Chief Asst. Dist. Atty., 23rd Judicial Circuit, Madison County, Fulton S. Hamilton, Asst. Dist. Atty., Fred B. Simpson, Dist. Atty., Huntsville, Ala., for defendants-appellees.

Before WISDOM, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

The sole issue raised by plaintiff on appeal is whether a state criminal defendant is entitled to federal injunctive or declaratory relief under 42 U.S.C.A. § 1983 from a fourth murder prosecution after three successive convictions over a twelve-year period were each reversed because of constitutional infirmities. Finding no bad faith or harassment, a prerequisite for federal intervention in the state proceedings, we affirm the district...

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