Legal Opinion
Ellzey v. Breazeale
District Court, S.D. Mississippi
Decided November 8, 1967No. Civ. A. No. 4119PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
DAN M. RUSSELL, Jr., District Judge.
This matter is before the Court on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. The petition charges that both petitioner’s indictment for murder of a white man in 1958, and his sentence for life following a guilty plea, were illegal and void because of the systematic exclusion of Negroes from the jury venire from which was drawn the grand jury which indicted petitioner, a Negro, and the petit jury which passed on his conviction, and because his plea of guilty was neither a waiver of his right to object to…
2Cases cited20 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Swain v. AlabamaSupreme Court of the United States · 1965
- Whitus v. GeorgiaSupreme Court of the United States · 1966
- Patton v. MississippiSupreme Court of the United States · 1947
- United States of America Ex Rel. Willie Seals, Jr. v. Martin J. Wiman, Warden, Kilby Prison, Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1962
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3Cited by6 opinions
- Willie Lee Henderson v. Lewis S. Tollett, Warden, Brushy Mountain State FarmCourt of Appeals for the Sixth Circuit · 1972
- Page v. StateMississippi Supreme Court · 1979
- Raiford v. DillonDistrict Court, S.D. Mississippi · 1969
- Winters v. CookDistrict Court, N.D. Mississippi · 1971
- Goode v. CookDistrict Court, S.D. Mississippi · 1969
1 more not listed; retrieve them via the Exa API.