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ALCORN v. SMITH

No. 82-5623.

724 F.2d 37 (1983)

Leon ALCORN, Petitioner-Appellant, v. Steve SMITH, Warden, Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Kevin Michael McNally, Asst. Public Advocate, M. Gail Robinson, Asst. Public Advocate, argued, Frankfort, Ky., for petitioner-appellant.

Steven L. Beshear, Atty. Gen. of Ky., Martin Glazer, Asst. Atty. Gen., argued, Frankfort, Ky., for respondent-appellee.

Before KEITH and MERRITT, Circuit Judges, WISEMAN, District Judge.

WISEMAN, District Judge.

This is a habeas corpus case brought under 28 U.S.C. § 2254. The petitioner was convicted of first degree sodomy and of being a persistent felon under Kentucky's persistent felon statute, Ky.Rev.Stat. § 532.080(3)(b), which requires that one be at least eighteen years of age at the time he commits two prior offenses. The petitioner raises before this Court several grounds for relief: 1) Denial of due process by the district court...

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