THOMAS v. BLACKBURN

No. 79-2176.

623 F.2d 383 (1980)

Irvin THOMAS, Plaintiff-Appellee, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 9, 1980.


Attorney(s) appearing for the Case

Leonard Knapp, Jr., Dist. Atty., Lake Charles, La., Barbara Rutledge, Asst. Atty. Gen., New Orleans, La., for defendant-appellant.

Robert M. Steeg (Court-Appointed), New Orleans, La., for plaintiff-appellee.

Before RUBIN and POLITZ, Circuit Judges, and SMITH, District Judge.


Rehearing and Rehearing En Banc Denied October 9, 1980.

ALVIN B. RUBIN, Circuit Judge:

In Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029, 55 L.Ed.2d 234 (1978), the United States Supreme Court held that conducting a criminal trial before a jury consisting of only five members deprives the defendant of his right to trial by jury under the sixth amendment as applied to the states by the fourteenth amendment. This habeas...

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