No. 87-6796.

498 U.S. 411 (1991)


Supreme Court of the United States.

Decided February 19, 1991.

Attorney(s) appearing for the Case

Charles J. Ogletree argued the cause for petitioner. With him on the brief were Bryan A. Stevenson, James E. Coleman, Jr., and Joseph E. Killory, Jr.

Paula K. Smith, Assistant Attorney General of Georgia, argued the cause for respondent. With her on the brief were Michael J. Bowers, Attorney General, William B. Hill, Jr., Deputy Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General.

JUSTICE SOUTER delivered the opinion of the Court.

Petitioner alleges that the State of Georgia applied the impermissible criterion of race to exclude venire members from the petit jury that convicted him. The Supreme Court of Georgia held petitioner's equal protection claim procedurally barred as untimely under Georgia law, and we are now called upon to review the adequacy of the State's procedural rule to bar consideration of the constitutional issue raised. We...

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