Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Fifth Circuit

Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary

459 F.2d 1391

Procedural entryThis page is a short order in Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary. Read the opinion of the Court — 470 F.2d 1370 →

Court of Appeals for the Fifth Circuit·Decided June 29, 1972·No. 71-3149·Published

Opinion

PER CURIAM:

This is an appeal from the denial of a habeas petition by a state prisoner. The petitioner, Russell Alexander, was convicted by a Louisiana jury of murder and sentenced to death. In his habeas petition Alexander asserts (1) that his conviction was based on an involuntary confession which was admitted into evidence in violation of the Fifth Amendment, and (2) that the death sentence was returned by a “hanging” jury in violation of Witherspoon v. Illinois, 1968, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. We conclude that on the basis of the reasons and reasoning carefully delineated in the opinion of the district judge, Alexander v. Henderson, W.D.La. 1971, 330 F.Supp. 812, the judgment of the court below should be affirmed.

Affirmed.

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PER CURIAM:

This is an appeal from the denial of a habeas petition by a state prisoner. The petitioner, Russell Alexander, was convicted by a Louisiana jury of murder and sentenced to death. In his habeas petition Alexander asserts (1) that his conviction was based on an involuntary confession which was admitted into evidence in violation of the Fifth Amendment, and (2) that the death sentence was returned by a “hanging” jury in violation of Witherspoon v. Illinois, 1968, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. We conclude that on the basis of the reasons and reasoning carefully delineated in the opinion of the district judge, Alexander v. Henderson, W.D.La. 1971, 330 F.Supp. 812, the judgment of the court below should be affirmed.

Affirmed.

Russell Alexander v. C. Murray Henderson, Warden, Louisiana State Penitentiary, 459 F.2d 1391 (5th Cir. 1972).

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Opinion

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