THOMAS v. MOORE

No. 88-4357.

866 F.2d 803 (1989)

Elisha THOMAS, Jr., Petitioner-Appellant, v. Lloyd MOORE, Sheriff, Pontotoc County, Mississippi and Edwin Lloyd Pittman, Attorney General of the State of Mississippi, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

March 2, 1989.


Attorney(s) appearing for the Case

Roy O. Parker, Jr., Roy O. Parker, Tupelo, Miss., for petitioner-appellant.

Henry C. Clay, III, JoAnne M. McLeod, Sp. Asst. Attys. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondents-appellees.

Before REAVLEY, WILLIAMS and JONES, Circuit Judges.


REAVLEY, Circuit Judge:

In this petition for a writ of habeas corpus, Elisha Thomas, Jr. claims that, under the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), his constitutional rights were violated by the prosecution's racially discriminatory use of peremptory challenges. Because no timely objection to the jury selection process was made, the holding of Batson is not...

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