Legal Opinion
Daryl Evans and Bernard Butler v. Ross Maggio, Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided August 12, 1977No. 76-3072PublishedCited by 38 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
Daryl Evans and Bernard Butler, in custody of the State of Louisiana, brought this petition for habeas corpus under 28 U.S.C. § 2254 alleging that the grand and petit juries which indicted and convicted them in Louisiana state court were unconstitutionally composed. The district judge held that Evans and Butler had waived the issue on appeal in Louisiana state court and denied relief. Evans and Butler now appeal asserting that they did not intentionally or understanding^ waive the issue in state court. We affirm.
In 1963 Evans and Butler, who are black, were arrested…
2Cases cited22 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Michel v. LouisianaSupreme Court of the United States · 1956
- Affronti v. United StatesSupreme Court of the United States · 1955
17 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Raymond L. Buckelew and James Laney Jenkins v. United States of America, Judson Lee Drane v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Ford v. StricklandCourt of Appeals for the Eleventh Circuit · 1983
- United States of America Ex Rel. Nathaniel Spurlark, Petitioner-Appellee-Cross-Appellant v. Dennis Wolff, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1983
- United States ex rel. Caruso v. ZelinskyCourt of Appeals for the Third Circuit · 1982
- United States v. William B. Prince, Jr.Court of Appeals for the Fifth Circuit · 1989
33 more not listed; retrieve them via the Exa API.