PRESTON v. MAGGIO

No. 82-3606 Summary Calendar.

705 F.2d 113 (1983)

Hillery PRESTON, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 1983.


Attorney(s) appearing for the Case

Hillery Preston, pro se.

John H. Craft, Asst. Dist. Atty., New Orleans, La., for defendants-appellees.

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Hillery Preston 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 Preston's challenge to the composition of the petit jury which convicted him is barred by his failure to raise the claim at trial. The district court held that the lack of a contemporaneous objection bars a federal habeas court from hearing Preston's claim with respect...

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