Hamilton v. Watkins

AINSWORTH, Circuit Judge: Leon Hamilton appeals from the denial by the District Court of his petition for habeas corpus involving an Alabama State Court conviction. We are asked to determine whether a defendant who failed to exercise his right to challenge the systematic exclusion of members of his own race from the jury that tried him, at the time of trial and 36 years thereafter, is deemed to have waived that right. The District Court held that the undue delay constitutes a waiver. We disagree and, therefore, reverse.