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Legal Opinion

United States v. Breland

District Court, N.D. Georgia

Decided November 25, 1981No. Crim. A. 79-129A, 17-154A, 81-02G, 80- 05A, 81-06A, 81-11A, 81-15R, 81-23R, 81- 29A, 81-62A, 81-98A, 81-146A, 80-151A, 80-152A and 81-153APublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

KEADY, Chief Judge, Sitting by Designation.

In this consolidated hearing, the court is presented with the common question raised by all defendants that the indictments returned against them should be dismissed because of alleged unconstitutional under-representation in the selection of grand jury forepersons by the District Judges of the Northern District of Georgia. This issue was reserved in our former consolidated hearing, United States v. Northside Realty-Associates, Inc., 510 F.Supp. 668 (N.D.Ga. 1981), in which the court dismissed 34 indictments because of substantial…

2Cases cited30 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. Swain v. AlabamaSupreme Court of the United States · 1965
  3. Taylor v. LouisianaSupreme Court of the United States · 1975
  4. Castaneda v. PartidaSupreme Court of the United States · 1977
  5. Johnson v. RobisonSupreme Court of the United States · 1974

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3Cited by19 opinions

  1. United States v. Mario Perez-HernandezCourt of Appeals for the Eleventh Circuit · 1982
  2. United States v. MustoDistrict Court, D. New Jersey · 1982
  3. United States v. William Howard Cross, Sr.Court of Appeals for the Eleventh Circuit · 1983
  4. United States v. AbellDistrict Court, D. Maine · 1982
  5. Andrews v. StateSupreme Court of Florida · 1983

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