Rivera v. Wainwright, No. 73-2982. Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation488 F.2d 275
PartiesRamon Luis RIVERA, #033341, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee.
Docket NumberNo. 73-2982. Summary Calendar.
Decision Date17 January 1974

488 F.2d 275 (1974)

Ramon Luis RIVERA, #033341, Petitioner-Appellant,
v.
Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee.

No. 73-2982. Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

January 17, 1974.


488 F.2d 276

Ramon Luis Rivera, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Barry Scott Richard, Joel D. Rosenblatt, Asst. Attys. Gen., Miami, Fla., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

We affirm the denial of this state prisoner's petition for writ of habeas corpus for the reasons set forth in Chief District Judge Charles B. Fulton's Order of Dismissal attached hereto as an appendix. See Davis v. United States, 411 U.S. 233, 93 S.Ct. 1577, 36 L.Ed.2d 216 (1973); Ward v. United States, 486 F.2d 305 (5th Cir. 1973) Oct. 18, 1973, No. 73-2049.

APPENDIX

ORDER OF DISMISSAL

Ramon Luis Rivera has filed a Petition for a Writ of Habeas Corpus attacking a twenty year sentence imposed on February 4, 1972, in the Circuit Court in and for the Eleventh Judicial Circuit of Florida, Dade County, Florida. The sentence was imposed after a trial by jury resulted in a guilty verdict for the crime of second degree murder.

As grounds for relief the petitioner alleges as follows:

(1) The petit jury which tried his case was selected pursuant to a procedure which systematically excluded qualified persons solely on the basis of race, religion, sex, age, economic and social factors.
(2) Prospective jurors were excluded from jury service solely on the basis of their general objections to the imposition of the death penalty.

The petitioner's conviction was appealed to the District Court of Appeal, Third District of Florida, which affirmed the conviction. Rivera v. State, 270 So.2d 62 (Fla.App.3rd, 1972). (Examination of the record on appeal reveals that the petitioner's present claims for relief were presented on the direct appeal. Therefore, the petitioner has fully exhausted his state remedies. See McCluster v. Wainwright, 453 F.2d 162 (5th Cir. , 1972).

In State v. Silva, 259 So.2d 153 (Fla., 1972), the Florida Supreme Court ruled that the method employed in Dade County, Florida for the selection of petit juries systematically excluded qualified persons solely on the basis of race, religion, sex, age, economic and social factors.

488 F.2d 277
This condemned method was employed at the time that the petitioner's trial jury was selected. The...

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15 practice notes
  • Douglas v. Wainwright, No. 81-5927
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • September 19, 1983
    ...displaced use of deliberate bypass standard), cert. denied, 426 U.S. 908, 96 S.Ct. 2230, 48 L.Ed.2d 833 (1976); Rivera v. Wainwright, 488 F.2d 275 (5th Cir.1974) (same). See also Hockenbury v. Sowders, 620 F.2d 111, 112-13 & n. 1 (6th Cir.1980), cert. denied, 450 U.S. 933, 101 S.Ct. 1395, 6......
  • Arnold v. Wainwright, No. 74-2724
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 4, 1975
    ...36 L.Ed.2d 216. The choice between the two approaches is no longer an open one in this circuit. In Rivera v. Wainwright, 5 Cir. 1974, 488 F.2d 275, we held: (i) that the failure to object standard is to be applied in determining waiver vel non under the same Florida procedural rule involved......
  • Dumont v. Estelle, No. 74-2903
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 30, 1975
    ...1577, 36 L.Ed.2d 216 (1973); Michel v. Louisiana, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83 (1955); Rivera v. Wainwright, 5th Cir. 1974, 488 F.2d 275; Morris v. Sullivan, 5th Cir. 1974, 497 F.2d 544; Wilson v. Estelle, 5th Cir. 1974, 504 F.2d 562; Newman v. Henderson, 5th Cir. 1974, 496 F.2d ......
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...L.Ed.2d 216 (1973); Evans v. Maggio, 557 F.2d 430 (5th Cir. 1977); Marlin v. Florida, 489 F.2d 702 (5th Cir. 1974); Rivera v. Wainwright, 488 F.2d 275 (5th Cir. 1974). A defendant's failure to comply with established state procedures can cause him to waive his right to complain about a cons......
  • Request a trial to view additional results
15 cases
  • Douglas v. Wainwright, No. 81-5927
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • September 19, 1983
    ...displaced use of deliberate bypass standard), cert. denied, 426 U.S. 908, 96 S.Ct. 2230, 48 L.Ed.2d 833 (1976); Rivera v. Wainwright, 488 F.2d 275 (5th Cir.1974) (same). See also Hockenbury v. Sowders, 620 F.2d 111, 112-13 & n. 1 (6th Cir.1980), cert. denied, 450 U.S. 933, 101 S.Ct. 1395, 6......
  • Arnold v. Wainwright, No. 74-2724
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 4, 1975
    ...36 L.Ed.2d 216. The choice between the two approaches is no longer an open one in this circuit. In Rivera v. Wainwright, 5 Cir. 1974, 488 F.2d 275, we held: (i) that the failure to object standard is to be applied in determining waiver vel non under the same Florida procedural rule involved......
  • Dumont v. Estelle, No. 74-2903
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 30, 1975
    ...1577, 36 L.Ed.2d 216 (1973); Michel v. Louisiana, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83 (1955); Rivera v. Wainwright, 5th Cir. 1974, 488 F.2d 275; Morris v. Sullivan, 5th Cir. 1974, 497 F.2d 544; Wilson v. Estelle, 5th Cir. 1974, 504 F.2d 562; Newman v. Henderson, 5th Cir. 1974, 496 F.2d ......
  • Huffman v. Wainwright, No. 80-5237
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1981
    ...L.Ed.2d 216 (1973); Evans v. Maggio, 557 F.2d 430 (5th Cir. 1977); Marlin v. Florida, 489 F.2d 702 (5th Cir. 1974); Rivera v. Wainwright, 488 F.2d 275 (5th Cir. 1974). A defendant's failure to comply with established state procedures can cause him to waive his right to complain about a cons......
  • Request a trial to view additional results

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