Whitus v. Balkcom

Decision Date25 June 1962
Docket NumberNo. 1357,M,1357
Citation8 L.Ed.2d 803,82 S.Ct. 1575,370 U.S. 728
PartiesPhil WHITUS v. R. P. BALKCOM. isc
CourtU.S. Supreme Court

Phil Whitus, pro se.

Eugene Cook, Atty. Gen. of Georgia, and Howard P. Wallace, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States District Court for the Southern District of Georgia for a hearing on the merits of the petition for writ of habeas corpus.

Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

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6 cases
  • Whitus v. Balkcom
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Junio 1964
    ...Balkcom, 5 Cir. 1962, 299 F.2d 844. The Supreme Court, per curiam, vacated the judgment and remanded the case. Whitus v. Balkcom, 1962, 370 U.S. 728, 82 S.Ct. 1575, 8 L.Ed.2d 803. Again the district court dismissed the petition.10 The petitioners are before us on their appeal from that orde......
  • Witcher v. Peyton
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 10 Enero 1969
    ...where, as here, the same reasonable explanation of its value is at hand. This case is not like the first case of Whitus v. Balkcom, 370 U.S. 728, 82 S.Ct. 1575, 8 L.Ed.2d 803, which, on remand, found 45% of the population of Mitchell County was Negro, 42% of the males over 21 were Negro, an......
  • Whitus v. State of Georgia Whitus v. State of Georgia, s. 650 and 253
    • United States
    • U.S. Supreme Court
    • 23 Enero 1967
    ...that judgment and remanded the case to the District Court for a hearing on the claim of discrimination. Whitus v. Balkcom, 370 U.S. 728, 82 S.Ct. 1575, 8 L.Ed.2d 803 (1962). On remand, the District Court again dismissed the petition on the ground that the claim had been waived since it was ......
  • Whitus v. State
    • United States
    • Georgia Court of Appeals
    • 15 Junio 1965
    ...in the State courts. The denial of the writ was affirmed in Whitus v. Balkcom, 299 F.2d 844, but reversed in Whitus v. Balkcom, 370 U.S. 728, 82 S.Ct. 1575, 8 L.Ed.2d 803. The matter again came on for hearing before Judge Scarlett of the district court and, after hearing, the application wa......
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