EUELL v. WYRICK

No. 81-1440.

675 F.2d 1007 (1982)

David EUELL, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1982.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Richardson & Jianakoplos by Scott Richardson, St. Louis, Mo., for appellant.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and WOODS, District Judge.


ARNOLD, Circuit Judge.

David Euell appeals from the District Court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The issue on appeal is whether Euell's challenge to the jury-selection system in St. Louis County, Missouri, is not barred by his failure to raise the claim at trial. We conclude that the lack of a contemporaneous objection does not bar a federal habeas court from hearing a claim with respect to which the state...

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