Legal Opinion
Phil Whitus and Leon Davis v. R. P. Balkcom, Jr., Warden, State Penitentiary, Reidsville, Georgia
Court of Appeals for the Fifth Circuit
Decided June 18, 1964No. 20797PublishedCited by 100 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The difficulties this post-conviction ha-beas corpus problem presents inhere in the dilemma in which a Negro defendant is placed when he is brought to trial in a state court in a county where Negroes are systematically excluded from juries.1 The matrix within which this problem developed is the social structure of the deep South.
The two Negro petitioners were tried in the Superior Court of Mitchell County, Georgia, for the murder of a white farmer. They were convicted and sentenced to die. Mitchell County is a small county in rural Georgia.2 No Negro has ever served on a…
2Cases cited35 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Carnley v. CochranSupreme Court of the United States · 1962
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3Cited by100 opinions
- Henry v. MississippiSupreme Court of the United States · 1965
- Whitus v. GeorgiaSupreme Court of the United States · 1966
- State v. SiscoSupreme Court of Iowa · 1969
- United States Ex Rel. Elksnis v. GilliganDistrict Court, S.D. New York · 1966
- Edgar Labat and Clifton Alton Poret v. Robert B. Bennett, Acting Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1966
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