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TURNBILL v. BORDENKIRCHER

No. 80-3054.

634 F.2d 336 (1980)

Leroy TURNBILL, Jr., Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 5, 1980.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., Public Defender, Louisville, Ky. (Court-appointed), for petitioner-appellant.

Leroy Turnbill, Jr., pro se.

Guy C. Shearer, Robert Hensley, Asst. Attys. Gen., Frankfort, Ky., for respondent-appellee.

Before EDWARDS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

EDWARDS, Chief Judge.

Turnbill appeals from a life sentence as a habitual offender entered after a jury trial in accordance with the law of Kentucky at that time. Turnbill was tried to a jury for breaking and entering a store and testimony was received from a court clerk to the effect that Turnbill had previously been convicted of robbery in 1957 and storehouse breaking in 1952. No admonition as to the use of this evidence was requested by defense counsel or given...

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