NEWCOMB v. BORDENKIRCHER

No. 78-3327.

602 F.2d 128 (1979)

Michael NEWCOMB, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1979.


Attorney(s) appearing for the Case

Michael Newcomb, Paul W. Martin, Cincinnati, Ohio (Court-appointed), for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Kentucky, Mark F. Armstrong, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before EDWARDS, Chief Judge, KEITH, Circuit Judge, and BROWN, District Judge.


PER CURIAM.

In this appeal from denial of his habeas corpus petition, petitioner-appellant Newcomb contends that his state court conviction as an habitual criminal and the 20-year sentence which he received should be set aside because there was inadequate proof that he was the same Michael Newcomb who had been previously convicted of armed robbery — the offense which the state relied upon as predicate for the habitual criminal conviction.

Appellant...

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