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BALL v. RICKETTS

No. 83-2662.

779 F.2d 578 (1985)

Richard Lee BALL, Petitioner-Appellee, v. James G. RICKETTS, Executive Director, Colorado Department of Correction, Canon City, Colorado, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

December 16, 1985.

Attorney(s) appearing for the Case

Maureen Phelan, Asst. Atty. Gen. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., with her on the brief), Denver, Colo., for respondent-appellant.

James England, University of Colo., Boulder, Colo., for petitioner-appellee.

Before McKAY and LOGAN, Circuit Judges, and RUSSELL, District Judge.

LOGAN, Circuit Judge.

The State of Colorado appeals from the district court's grant of a writ of habeas corpus setting aside petitioner Richard Lee Ball's conviction as a habitual criminal. Ball was sentenced to life in prison under Colorado's habitual criminal statute, which requires such a sentence for persons convicted of a felony who already have three previous felony convictions. See Colo.Rev. Stat. § 16-13-101(2). At Ball's trial on the habitual...

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