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ROGERS v. McMULLEN

No. 80-5925.

673 F.2d 1185 (1982)

Daniel W. ROGERS, Petitioner-Appellant, v. William E. McMULLEN, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 19, 1982.

Attorney(s) appearing for the Case

Sharon B. Jacobs, Simon, Schindler & Tripp, P. A., Tobias Simon, Miami, Fla., for petitioner-appellant.

Laura R. Morrison, Asst. Atty. Gen., W. Palm Beach, Fla., for respondent-appellee.

Before FAY, ANDERSON and CLARK, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The sole issue presented by this appeal is whether habeas petitioner Daniel Rogers1 was denied his right to a trial by an impartial jury guaranteed to him by the Sixth and Fourteenth Amendments because of the presence of a seventeen year-old girl on the six-member jury panel that heard his case. We conclude that the constitutional right to a jury trial does not include a per se rule prohibiting seventeen...

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