JOE B. SMITH, APPELLANT,
v.
CITY OF DREW AND SUNFLOWER COUNTY, MISSISSIPPI, APPELLEES; MARIE GERTGE, APPELLANT, V. CITY OF CLARKSDALE, MISSISSIPPI, APPELLEE
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The court held that removal petitions were sufficient to allege a basis for removal and that evidentiary hearings are required.
Criminal cases were removed to federal court under 28 U.S.C.A. § 1443(1) and remanded to state courts without evidentiary hearings. The petitions alle…
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PER CURIAM:
These criminal cases, removed under 28 U.S.C.A. § 1443(1), were remanded to the state courts without evidentiary hearings. The removal petitions were sufficient in each instance under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F. 2d 336, Cert. granted, 382 U.S. 808, 86 S.Ct. 39, 15 L.Ed.2d 58.
The alleged denials of equal civil rights in the arresting and charging process set out in these removal petitions are no less than the allegations found adequate in Peacock v. City of Greenwood, 5 Cir., 1965, 347 F. 2d 679, Cert. granted, 382 U.S. 971, 86 S.Ct. 532, 15 L.Ed.2d 464. In that case we required an evidentiary hearing in the District Court to ascertain the truth of the allegations. Such a hearing must be had in these cases in the event issue is joined by the filing of answers denying the pertinent allegations.
The Rachel and Peacock cases are pending on certiorari in the Supreme Court and the District Court is directed to stay its hand in these matters until decisions' are rendered in those cases. This will afford the District Court such enlightenment as may be forthcoming from those decisions in the further handling of these matters.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennie Jackson v. City OF Vicksburg, 361 F.2d 473 (5th Cir. 1966)
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Mrs. Bennie Catchings v. City OF Jackson, 362 F.2d 265 (5th Cir. 1966)
Authorities Cited
- Rachel v. State OF Ga., 342 F.2d 336 (5th Cir. 1965)
- Peacock v. The City OF Greenwood, 347 F.2d 679 (5th Cir. 1965)
- Fed. Trade Comm'n v. Brown Shoe Co., Inc., 382 U.S. 808 (U.S. 1965)
- United States v. Blue, 382 U.S. 971 (U.S. 1966)
- Ashton v. Kentucky, 382 U.S. 971 (U.S. 1966)