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

U.S. Court of Appeals for the Fifth Circuit September 17, 1973

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

1973 U.S. App. LEXIS 7872

Bell, Godbold, In-Graham, Per Curiam

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.

Reference

Full Case Name: Joseph BONAPARTE, Petitioner-Appellant, v. E. B. CALDWELL, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee
Status: Published