Lonzie Pittman v. Joe S. Hopper, Warden, Georgia State Prison

555 F.2d 551, 1977 U.S. App. LEXIS 12539

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 7, 1977
• Docket: 77-1044
• Status: Published

Opinion

PER CURIAM:

Petitioner, pursuant to 28 U.S.C. § 2254, attacks his 1963 state conviction and sentence on the following grounds: (1) The juries which indicted and convicted him were unconstitutionally constituted because of the systematic exclusion of blacks; and (2) he was denied effective assistance of counsel in that his counsel failed to consider a challenge to the composition of the grand and petit juries.

The trial court, after an évidentiary hearing, found petitioner’s contentions to be without merit. This finding is supported by the record and is not clearly erroneous. The judgment of the district court is affirmed.

AFFIRMED.