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Frank T. Johnson v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Frank T. JOHNSON, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee

Johnson v. C. Murray Henderson,, La. State Penitentiary, 509 F.2d 121 (5th Cir. 1975)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 27, 1975
Docket
No. 74--3198
Judges
Bell, Simpson, Morgan
Citations
509 F.2d 121

Opinion — Per Curiam

PER CURIAM:.

Appellant, a male Louisiana state prisoner, sought federal habeas relief on-the contention that the Louisiana statute governing service by females on its juries was unconstitutional. His contention has now been sustained, Taylor v. Louisiana, 419 U.S. 522 , 95 S.Ct. 692 , 42 L.Ed.2d 690 , (1975), but to no avail to: him since the ruling has been given pro-, spective application only. Daniel v. Louisiana, 420 U.S. 31 , 95 S.Ct. 704 , 42 L.Ed.2d 790 , (1975). In addition, there is no - merit in the further contention of ineffective counsel. i We cannot pass on the additional assignment of error that there was no evidence to sustain the verdict of guilty.

Cf.

Thompson v. Louisville, 1960, 362 U.S. 199 , 80 S.Ct. 624 , 4 L.Ed.2d 654 ; Garner v. Louisiana, 1961, 368 U.S. 157 , 82 S.Ct. 248 , 7 L.Ed.2d 207 . The trial' transcript is not a part of the record before us. Whether it was ever before the district court is problematical. This argument must be considered in the district court on the state trial record or on a record made in an evidentiary hearing in the district court.

Affirmed in part; vacated and remanded in part with direction.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 119752026peak 1975 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Taylor v. Louisiana, 419 U.S. 522 (1975) 1,996
Thompson v. City of Louisville, 362 U.S. 199 (1960) 594
Garner v. Louisiana, 368 U.S. 157 (1961) 368
Daniel v. Louisiana, 420 U.S. 31 (1975) 189

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