Robert L. Hunt (Alias Donald Adams) v. State of Georgia, S. Lamont Smith, Warden, Georgia State Prison

(dissenting) :

While I join with the majority in rejecting petitioner’s attack on the racial composition of the grand jury, I cannot subscribe to the holding that the State habeas corpus record provides a sufficiently reliable and complete factual foundation for the final denial of Federal relief. On the contrary, the Tattnall County proceedings seem to me to fall far short of the minimum standards established by both Townsend v. Sain 1 and 28 U.S.C.A. § 2254(d).2 Accordingly, I *1231would remand to the District Court for a new evidentiary hearing and findings of fact on petitioner’s claim that he…