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BUMGARNER v. LOCKHART

No. PB-73-C-47.

361 F.Supp. 829 (1973)

Joseph Lester BUMGARNER, Petitioner, v. A. L. LOCKHART, Superintendent, Cummins Unit, Arkansas Department of Correction, Respondent.

United States District Court, E. D. Arkansas, Pine Bluff Division.

August 20, 1973.

Attorney(s) appearing for the Case

Robert A. Newcomb, Legal Adviser to Inmates, Ark. Dept. of Correction, Pine Bluff, Ark., for petitioner.

Ralph C. Hamner, Jr., Deputy Atty. Gen., of Ark., Little Rock, Ark., for respondent.

MEMORANDUM OPINION

HENLEY, Chief Judge.

This is a habeas corpus proceeding brought by Joseph Lester Bumgarner, an inmate of the Cummins Unit of the Arkansas Department of Correction, pursuant to a 1971 judgment and sentence of the Circuit Court of Cross County, Arkansas. Petitioner was convicted of unlawful possession of burglary tools, Ark.Stats., Ann., § 41-1006, and was also convicted under the Arkansas Habitual Criminal Statute, Ark. Stats., Ann...

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