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

Court of Appeals for the Fifth Circuit·Decided September 17, 1973·No. 73-2167·Published

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.

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).

Pincite

484 F.2d 956 (Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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