Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga.

Fifth Circuit

Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga.

484 F.2d 956, 1973 U.S. App. LEXIS 7872

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 17, 1973

Docket73-2167

StatusPublished

This text of 484 F.2d 956 (Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga., 484 F.2d 956, 1973 U.S. App. LEXIS 7872 (5th Cir. 1973).

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Opinion

PER CURIAM:

This appeal is from the ruling on only one of the nine claims asserted in the district court by a state prisoner ha-beas applicant. This one, that Negroes were systematically excluded from the grand and petit juries at the time of his indictment and trial for robbery and rape, was found to be without merit by the district court after a full evidentiary hearing on the modus operandi employed in constituting the jury lists. The dis *957 trict court found that petitioner made out a prima facie case of racial discrimination, by presumption, but that the state overcame the presumption. Bonaparte v. Caldwell, S.D.Ga., 1973, 362 F. Supp. 1315. That holding turns on facts and the findings of fact are not clearly erroneous.

Affirmed.

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PER CURIAM:

This appeal is from the ruling on only one of the nine claims asserted in the district court by a state prisoner ha-beas applicant. This one, that Negroes were systematically excluded from the grand and petit juries at the time of his indictment and trial for robbery and rape, was found to be without merit by the district court after a full evidentiary hearing on the modus operandi employed in constituting the jury lists. The dis *957 trict court found that petitioner made out a prima facie case of racial discrimination, by presumption, but that the state overcame the presumption. Bonaparte v. Caldwell, S.D.Ga., 1973, 362 F. Supp. 1315. That holding turns on facts and the findings of fact are not clearly erroneous.

Affirmed.

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Bluebook (online)

484 F.2d 956, 1973 U.S. App. LEXIS 7872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-bonaparte-v-e-b-caldwell-warden-georgia-state-prison-ca5-1973.

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