Legal Opinion
Richard Van Eaton, Jr., A-004413 v. Louie L. Wainwright, Director, Division of Adult Corrections, State of Florida, Etc.
Court of Appeals for the Fifth Circuit
Decided February 27, 1975No. 73-2888PublishedCited by 5 opinions
1Opinion of the Court
RIVES, Circuit Judge:
This appeal was argued and submitted on the same day as McCloud v. Wainwright, 5 Cir. 1975, 508 F.2d 853, also decided today. The' two cases present for decision similar, if not identical, questions of law. Each appellant is a Florida State prisoner who, having exhausted his state remedies, filed in a federal district court a petition for habeas corpus which was denied on the grounds that, by his failure to object prior to trial, the petitioner had waived his rights to object to the composition of the grand jury which indicted him and of the petit jury which found him…
2Cases cited18 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Davis v. United StatesSupreme Court of the United States · 1973
- Wingo v. WeddingSupreme Court of the United States · 1974
- Frazier v. StateSupreme Court of Florida · 1958
- Francisco v. GathrightSupreme Court of the United States · 1974
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3Cited by5 opinions
- Donald v. Dumont v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Carl Everett Arnold v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- P. C. McCloud v. Louie L. Wainwright, Director of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1975
- Thomas Eggleston, Jr. v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Hayes v. AlabamaDistrict Court, S.D. Alabama · 1983