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PATTY v. BORDENKIRCHER

No. 78-3142.

603 F.2d 587 (1979)

Chester Patty, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Jr., Superintendent Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 16, 1979.

Attorney(s) appearing for the Case

Chester Patty, pro se.

G. David Yaros, [court-appointed CJA], Cincinnati, Ohio, for petitioner-appellant.

Robert F. Stephens, Atty. Gen., Frankfort, Ky., David Russell Marshall, for respondent-appellee.

Before WEICK and MERRITT, Circuit Judges and PECK, Senior Circuit Judge.

MERRITT, Circuit Judge.

Chester Patty, as petitioner for a writ of habeas corpus, collaterally attacks his forty year sentence in the Commonwealth of Kentucky imposed on June 19, 1974, under Kentucky's old Habitual Criminal Act. On June 19, 1974, Patty was convicted of burglary in the criminal court of Caldwell County at Princeton, Kentucky. Patty took the stand in his own defense at this trial. Two days later a second separate, so-called "bifurcated" trial was conducted...

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