Opinion · Court of Appeals for the Fifth Circuit

Joseph Bonaparte v. E. B. Caldwell, Warden, Georgia State Prison, Reidsville, Ga.

484 F.2d 956

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1973-09-17
Topic: general

PER CURIAM: This appeal is from the ruling on only one of the nine claims asserted in the district court by a state prisoner ha-beas applicant. This one, that Negroes were systematically excluded from the grand and petit juries at the time of his indictment and trial for robbery and rape, was found to be without merit by the district court after a full evidentiary hearing on the modus operandi employed in constituting the jury lists. The dis *957 trict court found that petitioner made out a prima facie case of racial discrimination, by presumption, but that the state overcame the presumption. Bonaparte v. Caldwell, S.D.Ga., 1973, 362 F.

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BONAPARTE v. CALDWELL,484 F.2d 956(5th Cir. 1973)

JOSEPH BONAPARTE, PETITIONER-APPELLANT, v. E. B. CALDWELL, WARDEN, GEORGIA

STATE PRISON, REIDSVILLE, GA., RESPONDENT-APPELLEE.

No. 73-2167.

Summary Calendar.^fn*

United States Court of Appeals, Fifth Circuit.

September 17, 1973.

Eugene H. Gadsden, court appointed Savannah, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., David L. G. King, Jr., Courtney Wilder Stanton, Atlanta, Ga., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Georgia; Alexander A. Lawrence, Chief Judge.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

[1] This appeal is from the ruling on only one of the nine claims asserted in the district court by a state prisoner habeas applicant. This one, that Negroes were systematically excluded from the grand and petit juries at the time of his indictment and trial for robbery and rape, was found to be without merit by the district court after a full evidentiary hearing on the modus operandi employed in constituting the jury lists. The districtPage 957court found that petitioner made out a prima facie case of racial discrimination, by presumption, but that the state overcame the presumption. Bonaparte v. Caldwell, S.D.Ga., 1973,362 F. Supp. 1315. That holding turns on facts and the findings of fact are not clearly erroneous.

[2] Affirmed.Page 959

Rule 18, 5 Cir., see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970,431 F.2d 409. ↩