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ROGERS v. BRITTON

No. PB-C-77-71.

466 F.Supp. 397 (1979)

Harold Eugene ROGERS, Petitioner, v. R. G. BRITTON and James Mabry, Respondents.

United States District Court, E. D. Arkansas, Pine Bluff Division.

March 6, 1979.

Attorney(s) appearing for the Case

George Howard, Jr., Pine Bluff, Ark., George Van Hook, El Dorado, Ark., James Meyerson and Nathaniel R. Jones, NAACP, New York City, for petitioner.

E. Alvin Schay, Deputy Atty. Gen., Jackson Jones, Asst. Atty. Gen., Little Rock, Ark., for respondents.

OPINION

ARNOLD, District Judge.

On November 5, 1973, Harold Eugene Rogers, a black 17-year-old, was convicted of first-degree rape by a jury in the Circuit Court of Sebastian County, Arkansas, Fort Smith District. The victim was a 21-year-old white woman. Rogers was 16 when the crime was committed. The jury fixed his punishment at imprisonment for life without parole. The Supreme Court of Arkansas affirmed the conviction on direct appeal, Rogers v. State...

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