JAMES E. ECTOR, PETITIONER-APPELLANT,
v.
S. LAMONT SMITH, WARDEN, GEORGIA STATE PRISON, RESPONDENT-APPELLEE
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PER CURIAM:
This is an appeal from the denial of a Georgia state prisoner’s petition for the writ of habeas corpus. We affirm.
Upon a plea of guilty to robbery, Ector was sentenced to life imprisonment. His sole contention is that negroes were systematically excluded from the grand jury that indicted him.
After a hearing the Superior Court of Tattnall County, Georgia, denied relief. Without appeal to the Supreme Court of Georgia, Ector filed his petition in the District Court. The writ was denied because the court properly found that Ector had failed to exhaust available state remedies. Fay v. Noia, 1963, 372 U.S. 391, 82 S.Ct. 822, 9 L.Ed.2d 827; Williams v. Wainwright, 5 Cir. 1970, 427 F. 2d 921; Donlavey v. Smith, 5 Cir. 1970, 426 F. 2d 800; Williams v. Wainwright, 5 Cir. 1969, 410 F. 2d 144; Goodwin v. Holman, 5 Cir. 1966, 361 F. 2d 403.
Affirmed.
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Loren v. State OF Tex., 440 F.2d 1182 (5th Cir. 1971)
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Johnson v. Louie L. Wainwright, 448 F.2d 387 (5th Cir. 1971)
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Jones v. State OF Tex., 441 F.2d 733 (5th Cir. 1971)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- FAY v. Noia, 372 U.S. 391 (U.S. 1963)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Williams v. Louie L. Wainwright, 427 F.2d 921 (5th Cir. 1970)
- Williams v. Louie L. Wainwright, 410 F.2d 144 (5th Cir. 1969)
- Donlavey v. Smith, 426 F.2d 800 (5th Cir. 1970)
- Goodwin v. Holman, 361 F.2d 403 (5th Cir. 1966)