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SIZEMORE v. DIST. CT., 50TH JUD. DIST., BOYLE CTY.

No. 83-5326.

735 F.2d 204 (1984)

George Oliver SIZEMORE, Petitioner-Appellee, v. DISTRICT COURT, 50TH JUDICIAL DISTRICT, BOYLE COUNTY, KENTUCKY, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1984.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen. of Kentucky, Gerald Henry, Asst. Atty. Gen. (argued), Frankfort, Ky., for respondent-appellant.

Richard Clay (argued), Clay & Clay, Danville, Ky., for petitioner-appellee.

Before JONES and KRUPANSKY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

The Commonwealth of Kentucky appealed the judgment of the United States District Court for the Eastern District of Kentucky granting the petition of George Sizemore (Sizemore) for a writ of habeas corpus. 28 U.S.C. § 2254. Sizemore was indicted upon charges of driving while intoxicated and with a revoked license. K.R.S. § 189.520; § 186.620. Kentucky permits enhanced penalties upon conviction of driving while intoxicated following...

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