This section contains the nature of the case and procedural background.

Hillery (D) was convicted of murder. The indictment was issued by a grand jury from which blacks were systematically excluded. D moved to quash this indictment before trial, but his motion was denied. Sixteen years later, D filed a petition for a writ of habeas corpus in federal court, raising the same challenge. The District Court concluded that D had established discrimination in the grand jury, and granted the writ. The Court of Appeals affirmed. The United States Supreme Court granted certiorari.

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