(Download) "Mcgee v. City of Meridian" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Mcgee v. City of Meridian
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 29, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
These criminal cases, removed under 28 U.S.C.A. Section 1443(1), were remanded to the state courts without evidentiary hearings. The removal petitions were sufficient in each instance under notice type pleadings to allege a basis for removal. Rachel v. State of Georgia, 5 Cir., 1965, 342 F.2d 336, Cert. granted, 382 U.S. 808, 86 S. Ct. 39, 15 L. Ed. 2d 58. The alleged denials of equal civil rights in the arresting and charging process set out in these removal petitions are no less than the allegations found adequate in Peacock v. City of Greenwood, 5 Cir., 1965, 347 F.2d 679, Cert. granted, 382 U.S. 971, 86 S. Ct. 532, 15 L. Ed. 2d 464. In that case we required an evidentiary hearing in the District Court to ascertain the truth of the allegations. Such hearings must be had in these cases, issue having been joined, save in McGee, No. 22104, by answers denying the allegations. A hearing must be held in McGee in the event issue is joined; otherwise he is entitled to the relief sought in his verified petition.
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