Willie Porter v. Dewitt Sinclair, Warden, Florida State Prison

TUTTLE, Circuit Judge:

Appellant Willie Porter is an indigent Negro confined in Florida State Prison under sentence of death for the crime of murder. His alleged victim was his mother-in-law. This is an appeal in forma pauperis from the district court’s denial without a hearing of appellant’s petition for writ of habeas corpus.

The appellant, through appointed counsel, prior to his state court trial, filed a motion to quash the venire from which the Grand Jury which indicted him was picked on the ground of systematic exclusion of Negroes in Martin County, Florida. In support of his motion, he…