From Casetext: Smarter Legal Research

Sanford v. Hutto

United States Court of Appeals, Eighth Circuit
Oct 22, 1975
523 F.2d 1383 (8th Cir. 1975)

Opinion

Nos. 75-1478, 75-1484.

Submitted October 14, 1975.

Decided October 22, 1975.

Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., made argument for Hutto, etc.

Patrick D. O'Rourke, Atty. for Inmates, Arkansas Dept. of Correction, Pine Bluff, Ark., made argument for Sanford, and others.

Appeal from United States District Court, Eastern District of Arkansas; J. Smith Henley, former District Judge, now Circuit Judge.

Before CLARK, Associate Justice, and LAY and ROSS, Circuit Judges.

Associate Justice Tom C. Clark, United States Supreme Court, Retired, sitting by designation.


This is an appeal by the Commissioner of the Arkansas Department of Correction from a final judgment granting habeas corpus relief to Maurice Sanford and Jim Johnson. Sanford and Johnson cross appeal from an order denying their motion to release pending retrial.

In October, 1969, Sanford and Johnson, two black men, were convicted by jury of first degree rape in St. Francis County, Arkansas. After exhausting state remedies, petitioners filed this habeas corpus action claiming purposeful and systematic exclusion of black persons from the jury venire from which the jury panel that convicted them was drawn. The United States District Court for the Eastern District of Arkansas held that petitioners established a prima facie case of jury discrimination which the Commissioner failed to rebut. Accordingly, the petitioners' convictions were vacated and the State of Arkansas was granted leave to retry them. Petitioners' motion for release on their own recognizance pending appeal was denied.

The Honorable J. Smith Henley, District Judge.

We agree with Judge Henley and affirm on the basis of his well-reasoned opinion.

The opinion of the district court is reported at 394 F. Supp. 1278 (E.D.Ark. 1975).

The State of Arkansas is given thirty days from the mandate of this court within which to retry the petitioners. If for any reason the State fails to commence the retrial within the allotted period or any extension granted by the trial court, the trial court shall immediately order the petitioners released.

The mandate of this court shall issue forthwith.


Summaries of

Sanford v. Hutto

United States Court of Appeals, Eighth Circuit
Oct 22, 1975
523 F.2d 1383 (8th Cir. 1975)
Case details for

Sanford v. Hutto

Case Details

Full title:MAURICE SANFORD AND JIM JOHNSON, APPELLEES, v. TERRELL DON HUTTO…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 22, 1975

Citations

523 F.2d 1383 (8th Cir. 1975)

Citing Cases

Ross v. Wyrick

The Murrah court said as to the initial remand: In view of this panel's summary affirmance of Sanford v.…

United States v. Gaona

The absolute disparity standard has been used by most courts. Turner v. Fouche, 396 U.S. 346, 90 S.Ct. 532,…