Opinion

Phil Whitus and Leon Davis v. R. P. Balkcom, Jr., Warden, State Penitentiary, Reidsville, Georgia

  • 333 F.2d 496
  • 1964 U.S. App. LEXIS 5008
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 18, 1964
Status
Published
Author
Carswell
On the bench
Tuttle, Wisdom, Carswell
Cited by
77 cases

an example of exceptional circumstances where a defendant’s deliberate choice not to raise an objection is still not a waiver of that objection

How later courts described this case

  • an example of exceptional circumstances where a defendant’s deliberate choice not to raise an objection is still not a waiver of that objection

Written by the judges who cited it.

The opinion

CARSWELL, District Judge

(concurring specially):

Sharing fully the Courts’ view that there was no meaningful waiver by these appellants of their basic Constitutional right to face trial by jurors selected without systematic racial exclusion, I, therefore, concur in the basic holding of the Courts’ opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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