Castaneda v. Partida (No. 75-1552) ___
Syllabus	Opinion [ Blackmun ]	Concurrence [ Marshall ]	Dissent [ Burger ]	Dissent [ Stewart ]	Dissent [ Powell ]
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STEWART, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

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430 U.S. 482

Castaneda v. Partida

CERTIORARI TO THE UNITED STATES COURT OF APPEAL FOR THE FIFTH CIRCUIT

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No. 75-1552 Argued: November 9, 1976 --- Decided: March 23, 1977

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MR. JUSTICE STEWART, dissenting.

In my view, the findings of the District Court in this case cannot be said to be "clearly erroneous." Fed.Rule Civ.Proc. 52(a); United States v. United States Gypsum Co., 333 U.S. 364, 394-395. ^[*] Given those findings, there was no constitutional violation in the selection of the grand jury that indicted the respondent. Upon that basis, I would reverse the judgment of the Court of Appeals. I add only that I am in substantial agreement with the dissenting opinions of THE CHIEF JUSTICE and MR. JUSTICE POWELL.

* The "clearly erroneous" standard applies to the review of facts found by a district court in a habeas corpus proceeding. Wade v. Mayo, 334 U.S. 672, 683-684.