United States ex rel. Preston v. Ellingsworth

MEMORANDUM OPINION

STAPLETON, District Judge:

This is a habeas corpus proceeding. Petitioner, a black, was indicted by an all white grand jury for the armed robbery of a liquor store in Kent County, Delaware. Counsel was appointed from the public defender’s office. Petitioner was tried and convicted by an all white petit jury.

At trial, after several of the potential jurors had already been seated, petitioner asked his counsel to question the prospective jury members about racial prejudice toward blacks. Petitioner’s counsel neither questioned the jurors on this point nor asked the court to do…