James Willis v. E. B. Caldwell, Warden, Georgia State Prison, 463 F.2d 246 (5th Cir. 1972). · Go Syfert
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James Willis v. E. B. Caldwell, Warden, Georgia State Prison, 463 F.2d 246 (5th Cir. 1972). Cases Citing This Book View Copy Cite
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James WILLIS, Petitioner-Appellant,
v.
E. B. CALDWELL, Warden, Georgia State Prison, Respondent-Appellee
71-3051.
Court of Appeals for the Fifth Circuit.
Jun 26, 1972.
463 F.2d 246
Marshall R. Wood, Savannah, Ga. (Court Appointed), Falligant, Doremus & Karsman, Savannah, Ga., for petitioner-appellant., Arthur K. Bolton, Atty. Gen. of Ga., W. Hensell Harris, Jr., Asst. Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.
Wisdom, Ingraham, Bootle.
Published
PER CURIAM:

James Willis appeals from the dismissal by the district of his petition for habeas corpus relief. We vacate the district court’s order of dismissal and remand the case for an evidentiary hearing on the allegations contained in Willis’s petition. Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; 28 U.S.C. § 2254(d).

Willis alleges (1) that he was denied effective assistance of counsel at his state criminal trial in 1936 and (2) that members of his race were systematically excluded from the grand and petit juries that indicted and convicted him. Because of the nature of these allegations and the apparent inability of the petitioner to prepare or try this cause, we suggest that the district court consider the appointment of counsel for Willis.

Vacated and remanded.