Bozeman v. Lambert and Wilder v. Lambert Non-Argument Calendar

Public Court Documents
April 13, 1984

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Bozeman v. Lambert and Wilder v. Lambert Non-Argument Calendar preview

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  • Case Files, Bozeman v. Pickens County Board of Education. Bozeman v. Lambert and Wilder v. Lambert Non-Argument Calendar, 1984. f646cd1a-f192-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/307eb4fd-c2ee-4217-8eb7-d52c9eb6eb46/bozeman-v-lambert-and-wilder-v-lambert-non-argument-calendar. Accessed April 06, 2025.

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PlJBTIS}IIN TTIE UNITED STATES COURT OF APPEALS

ELEVENTH CIRCUIT

No. 84-7286
Non-Argument Calendar

MAGGIE S. BOZEMAN,

Petitioner-Appellee,

versus

EALON It{. LAMBERT; JACK C. - --:
LUFKIN; JOHN T. PORTER, in
their official capacities as
members of the Alabama Board of
Pardons and Parolesi TED BUTLER, a
Probation and Paro1e Officer employed
by the Alabama Board of Pardons and
Paroles,

Respondents- Appe I I ants .

No. 84-728?
Non-Argument Calendar

JULIA P. WILDER,
Petitioner-AppeIIee ,

versus

EATON l{. LAMBERT; JACK C. LUFKIN;
JOHN T. PORTER, in their official
capacities as members of the
Alabama Board of Pardons and Paroles;
TED BUTLER, a Probation and Parole
Officer employed by the Alabama Board
of Pardons and Paroles,

FOR TTTE

Respondents- AppeI I ants .



\

Appeals from the United States District Court
for'n:-I:::1:_:l::::::_::_:labama

(uay 6, 1985)

Before VANCE, HENDERSON and CLARK, Circuit Judges.

PER CURIA}I:

Defendants appeal the district courtrs grant of writs
of habeas corpus on pLaintiffs' motions for summary

j udgment .

Both l{aggie S. Bozeman and Julia P. Wilder rrere

convicted of three counts of vote fraud in state court in
Pickens County, Alabama. Bozeman was sentenced to four

years imprisonment and Wilder to imprisonment for five
years. Both vrere on parole at the time they filed their
petitions for federal habeas in district court.

Applying the standard of Jackson v. Virqinia, 443 U.S.

307 (1979), the district court.held that the evidence

against Bozeman was insufficient to support her conviction

and therefore issued the writ as to her.

The district court concluded that the evidence against

Wilder vras sufficient to sustain her conviction. The court

also held, however, that both petitionersr juries h,ere



1..'

Dv instructed on a crime not charged in their indictments.

, Because of such violation of her eixth anendment rights the

distrlct court also iesued the writ as to Wilder conditioned

on her retrial within ninetY daYs.

The dietrict court carefully, and we conclude

correctly, ruled on the various contentions of the parties.

We thefore affirm on the basis of the joint Memorandum

Opinion of the district court dated April 13, 1984.

AFFIRI,IED.

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