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HAYES v. BORDENKIRCHER

No. 79-3057.

621 F.2d 846 (1980)

Paul Lewis HAYES, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1980.

Attorney(s) appearing for the Case

J. Vincent Aprile, II, Asst. Deputy Public Defender, Frankfort, Ky., for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Ky., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before LIVELY, KEITH and MERRITT, Circuit Judges.

KEITH, Circuit Judge.

Petitioner-Appellant Hayes seeks this appeal from the judgment of the district court denying him habeas corpus relief (pursuant to 18 U.S.C. § 2254). Hayes claims that the application of Kentucky's now repealed recidivist statute constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. As we find the questions raised by the petitioner-appellant identical to one recently addressed and resolved by the...

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