BRITTON v. ROGERS

Nos. 79-1862, 79-1896.

631 F.2d 572 (1980)

R. G. BRITTON et al., Appellant-Cross Appellee, v. Harold Eugene ROGERS, Appellee-Cross Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1980.


Attorney(s) appearing for the Case

Steve Clark, Atty. Gen., by E. Alvin Schay, Dennis R. Molock, argued, Asst. Attys. Gen., Little Rock, Ark., for Britton.

Charles E. Carter, George E. Hairston, James I. Meyerson, Asst. Gen. Counsel, argued, New York City, N.A.A.C.P., George Van Hook, Jr., El Dorado, Ark., Leon Jamison, Pine Bluff, Ark., for Rogers.

Before STEPHENSON, Circuit Judge, KUNZIG, Judge, and McMILLIAN, Circuit Judge.


KUNZIG, Judge.

This is an appeal from an order of the federal district court1 granting a writ of habeas corpus. Appellee-cross appellant Rogers had been sentenced to life imprisonment by an Arkansas jury upon his conviction for first-degree rape. The parties have raised several questions under the due process, equal protection and cruel and unusual punishments clauses of the United States Constitution, in particular, the question whether...

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