Legal Opinion
Leon Hamilton v. John C. Watkins, Warden
Court of Appeals for the Fifth Circuit
Decided December 30, 1970No. 29494_1PublishedCited by 34 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
Leon Hamilton appeals from the denial by the District Court of his petition for habeas corpus involving an Alabama State Court conviction. We are asked to determine whether a defendant who failed to exercise his right to challenge the systematic exclusion of members of his own race from the jury that tried him, at the time of trial and 36 years thereafter, is deemed to have waived that right. The District Court held that the undue delay constitutes a waiver. We disagree and, therefore, reverse.
Appellant, a Negro, is presently serving a 99-year sentence as a result of…
2Cases cited28 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Fay v. NoiaSupreme Court of the United States · 1963
- Swain v. AlabamaSupreme Court of the United States · 1965
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Smith v. TexasSupreme Court of the United States · 1941
23 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Michael J. Paprskar v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
- Paul T. Williams v. Larry SimsCourt of Appeals for the Seventh Circuit · 2004
- William Chester Craig v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
- Jerry Dwayne Baxter v. W. J. Estelle, Jr., Director, Texas Dept. Of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
- Drewey Aaron, Jr. v. Walter Capps, Warden, Draper Prison, Elmore, AlabamaCourt of Appeals for the Fifth Circuit · 1975
29 more not listed; retrieve them via the Exa API.