Sherman J. Lattimore v. Walter E. Craven, Warden, Folsom State Prison

A petition for a writ of habeas corpus was filed in the United States District Court for the Southern District of California by the appellant, who sought relief upon the ground that his state court trial was “fundamentally unfair” because the jury selected to try the case was not comprised of members from a cross section of the immediate community within the jurisdiction of the trial court.

The petition which was filed on November 25, 1969, was denied by the District Court by order dated December 30, 1969. On January 12, 1970, petitioner filed a notice of appeal from the district court order of December 30, 1969, denying his petition. On the same date, he filed in the district court a petition for rehearing which was denied by order dated and filed January 16, 1970. On January 27, 1970, appellant filed a document which he denominated “Amendment to Petition for Rehearing.” As noted above, the court had disposed of the petition for rehearing on January 16, 1970.

In his petition for the writ, the appellant alleged that he had been convicted in a jury trial in the state court on two counts of unlawfully selling marihuana. He further alleged that he had made a timely objection to the…