Legal Opinion

James E. Mitchell and James Nichols, Jr. v. Jim Rose, Warden

Court of Appeals for the Sixth Circuit

Decided January 9, 1978No. 77-1272PublishedCited by 26 opinions

1Opinion of the Court

JOHN W. PECK, Circuit Judge.

On November 6, 1972, Petitioners James Mitchell and James Nichols, Jr., were indicted for two counts of first degree murder by the Tipton County, Tennessee grand jury. On March 22, 1973, they were found guilty after a jury trial.

Prior to the trial, petitioners filed a pro se motion, asking the trial court to dismiss the indictment because the grand jury and the foreman of the grand jury which indicted them had been selected in a racially discriminatory manner. A pretrial hearing was held and the trial judge, making no written or oral findings of fact or rulings of…

2Cases cited21 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Castaneda v. PartidaSupreme Court of the United States · 1977
  3. Strauder v. West VirginiaSupreme Court of the United States · 1880
  4. Alexander v. LouisianaSupreme Court of the United States · 1972
  5. Hernandez v. TexasSupreme Court of the United States · 1954

16 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Rose v. MitchellSupreme Court of the United States · 1979
  2. Louis M. Parker Ford v. Bill Seabold, Warden, Luther Luckett Correctional ComplexCourt of Appeals for the Sixth Circuit · 1988
  3. Bryant v. Pennsylvania Higher Education Assistance Agency (In Re Bryant)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Wilson v. StateMississippi Supreme Court · 1983
  5. Herring v. StateMississippi Supreme Court · 1979

21 more not listed; retrieve them via the Exa API.

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