Billy Guice and Howard Claxton, Sr. v. Ray Fortenberry, Superintendent, East Carroll Parish Prison Farm, Louisiana

E. GRADY JOLLY, Circuit Judge:

Billy Guice and Howard Claxton appeal the denial of their petition for writs of habeas corpus, which is based on their claim that blacks were excluded from service as foremen on the state grand jury that indicted them. This court, sitting en banc, remanded the case for an evidentiary hearing on the issue of racial discrimination in the selection of the grand jury foreman. Guice v. Fortenberry, 661 F.2d 496 (5th Cir.1981). That opinion sets out, and we shall not repeat, the facts and procedural history of the case up to that point. The court found that there was…