Legal Opinion

Drewey Aaron, Jr. v. Walter Capps, Warden, Draper Prison, Elmore, Alabama

Court of Appeals for the Fifth Circuit

Decided April 2, 1975No. 74-2526PublishedCited by 48 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

Drewey Aaron, a black man, was convicted in 1960 in an Alabama state court for the forcible rape of a white woman. His petition for a writ of habeas corpus herein alleges that he was charged and convicted by grand and petit juries which were unconstitutionally selected, and that he was denied a public trial. District Judge Frank Johnson denied Aaron’s application, finding that the failure to assert these issues in the state trial proceedings was a deliberate bypass of state remedies which precluded raising such issues by way of collateral attack. We affirm the denial…

2Cases cited36 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. In Re OliverSupreme Court of the United States · 1948
  5. Henry v. MississippiSupreme Court of the United States · 1965

31 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. United States v. Arnold Sherlock and Ronald CharleyCourt of Appeals for the Ninth Circuit · 1992
  2. Kathleen A. Braun v. Barbara PowellCourt of Appeals for the Seventh Circuit · 2000
  3. United States v. OsborneCourt of Appeals for the Fifth Circuit · 1995
  4. Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
  5. United States v. Lenin Juarez and Oscar JuarezCourt of Appeals for the Fifth Circuit · 1978

43 more not listed; retrieve them via the Exa API.

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