Legal Opinion
Hillery Preston v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided May 16, 1983No. 82-3606PublishedCited by 37 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Hillery Preston appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The issue on appeal is whether Preston’s challenge to the composition of the petit jury which convicted him is barred by his failure to raise the claim at trial. The district court held that the lack of a contemporaneous objection bars a federal habeas court from hearing Preston’s claim with respect to which the state courts had invoked their contemporaneous objection rule as a bar. We vacate and remand.
I
Preston was convicted of the…
2Cases cited22 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Engle v. IsaacSupreme Court of the United States · 1982
- Taylor v. LouisianaSupreme Court of the United States · 1975
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Edward C. Forman v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1980
17 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
- Green v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- Ronald Clark O'Bryan v. W.J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1983
- Michael Lindsey v. Fred Smith, Commissioner, Alabama Department of Corrections, J.D. White, Warden Holman UnitCourt of Appeals for the Eleventh Circuit · 1987
- Andrew Lee Jones v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Angola, LouisianaCourt of Appeals for the Fifth Circuit · 1989
32 more not listed; retrieve them via the Exa API.