John C. McGhee v. Clyde King, Etc.

GODBOLD, Circuit Judge:

This case concerns exclusion of blacks and women from juries in Madison County, Florida. The applicable Florida statute, § 40.01, 1 requires selection of jurors from voter registration lists. Paragraph (2) thereof provides for exclusions based on certain objective criteria and paragraph (3) provides for subjectively-based exclusions. Plaintiffs contend that blacks and women were unconstitutionally excluded from jury venires selected pursuant to this Florida statute.

The District Judge recognized the existence of pre-1972 statistical disparity between the percentage of…