Appeal To Alabama Supreme Court
Following Judge Hawkins' denial of the motions for new trial, attorney George W. Chamlee filed an appeal and was granted a stay of execution. Chamlee was joined by Communist Party attorney Joseph Brodsky and ILD attorney Irving Schwab. The defense team argued that their clients had not had adequate representation, had no opportunity for counsel to prepare their cases, had their juries intimidated by the crowd, and finally, that it was unconstitutional to exclude blacks from the jury. In the question of procedural errors, the state Supreme Court found none.
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