QUEEN v. LEEKE

Civ. A. Nos. 75-1216, 75-1214.

457 F.Supp. 476 (1978)

John Wesley QUEEN, Petitioner, v. William LEEKE and the Attorney General of the State of South Carolina, Respondents. Terry Stewart MOORE, Petitioner, v. William LEEKE and the Attorney General of the State of South Carolina, Respondents.

United States District Court, D. South Carolina, Columbia Division.

February 24, 1978.


Attorney(s) appearing for the Case

Roy T. Stuckey, Director, Corrections Clinic, Columbia, S. C., for John Wesley Queen.

Robert W. Warren, Allendale, S. C., for Terry Stewart Moore.

Daniel R. McLeod, Atty. Gen. of S. C., Columbia, S. C., and Emmet H. Clair, Asst. Atty. Gen. of S. C., Columbia, S. C., for respondents.


HEMPHILL, District Judge.

These are Petitions for Writs of Habeas Corpus by State prisoners pursuant to 28 U.S.C. § 2254. The allegations presented to this Court are that the Petitioners were denied due process of law in that the impartiality of the jurors at their State trial was tainted by comments made by the trial judge and that the sentence imposed on Petitioners following conviction constituted cruel and unusual punishment.

The Petitioners were...

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