Legal Opinion

Joseph Clemmie Moultrie v. Joseph R. Martin, Warden

Court of Appeals for the Fourth Circuit

Decided September 30, 1982No. 81-6493PublishedCited by 46 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

Petitioner has appealed the denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, claiming that his incarceration by South Carolina authorities is illegal. He asserts that he was denied equal protection under the fourteenth amendment because blacks allegedly were underrepresented on the grand jury which indicted him. Moultrie’s claim is based wholly on statistics. He claims that he proved by way of statistics a prima facie case of discrimination which was not rebutted. We are of opinion that he did not establish a prima facie case, and affirm. We…

2Cases cited15 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Castaneda v. PartidaSupreme Court of the United States · 1977
  4. Hazelwood School District v. United StatesSupreme Court of the United States · 1977
  5. Alexander v. LouisianaSupreme Court of the United States · 1972

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3Cited by46 opinions

  1. State v. RamseurSupreme Court of New Jersey · 1987
  2. State of Iowa v. Peter Leroy VealSupreme Court of Iowa · 2019
  3. Settle v. Baltimore CountyDistrict Court, D. Maryland · 1999
  4. 32 Fair empl.prac.cas. (Bna) 708, 32 Empl. Prac. Dec. P 33,759, 13 Fed. R. Evid. Serv. 684 Equal Employment Opportunity Commission v. Western Electric Company, Incorporated, a CorporationCourt of Appeals for the Fourth Circuit · 1983
  5. United States v. William G. Lachance, William F. Zimmerli, John Schlagenhauf and Thomas CiccaglioneCourt of Appeals for the Second Circuit · 1986

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