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

> Court of Appeals for the Fifth Circuit · June 18, 1964 · 333 F.2d 496

URL: https://www.frixlaw.com/law-library/cases/9450132

## Case

- **Full name:** Phil WHITUS and Leon Davis, Appellants, v. R. P. BALKCOM, Jr., Warden, State Penitentiary, Reidsville, Georgia, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 18, 1964
- **Citations:** 333 F.2d 496; 1964 U.S. App. LEXIS 5008
- **Precedential status:** Published
- **Opinion:** Concurrence by Carswell
- **Judges:** Tuttle, Wisdom, Carswell
- **Cited by:** 77 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9450132

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9450132. Public record. Not legal advice.