Assertion: petitioner | /r/CapableOf | raise a swain claim
Facets:
value: properly
type: MANNER
value: in his pretrial motion
type: LOCATION
value: upon the merits
type: OTHER
Source sentences:
text: The prosecutor himself cited Swain to the trial court in opposing the pretrial motion; the trial judge clearly implicated Swain in ruling that petitioner had failed to prove the systematic exclusion of blacks from petit juries; and the second opinion of the Supreme Court of Georgia in this case explicitly stated that petitioner had raised a Swain claim, upon the merits of which he had lost on his first appeal.
text: The State, indeed, concedes that petitioner properly raised a Swain claim in his pretrial motion, Tr. of Oral Arg.