GUICE v. FORTENBERRY

No. 80-3350.

661 F.2d 496 (1981)

Billy GUICE and Howard Claxton, Sr., Petitioners-Appellants, v. Ray FORTENBERRY, Superintendent, East Carroll Parish Prison Farm, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 1981.


Attorney(s) appearing for the Case

George M. Strickler, Jr., Ann Woolhandler, Michael G. Collins, New Orleans, La., Samuel Thomas, Tallulah, La., for petitioners-appellants.

James Caldwell, Dist. Atty., Tallulah, La., for respondent-appellee.

Before GODBOLD, Chief Judge, BROWN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJOFLAT, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Two black persons convicted of a crime in state court contend that they are entitled to a new trial because, as the result of a practice in effect for many years, blacks were systematically excluded from service as grand jury foremen both on the grand jury that indicted them and on prior grand juries. Appealing the district judge's denial of their petition for habeas corpus, which was based on his review only of the state court record...

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