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HOLSCLAW v. SMITH

No. 86-7574.

822 F.2d 1041 (1987)

Michael Duane HOLSCLAW, Petitioner-Appellant, v. Fred SMITH, Commissioner, Alabama Department of Corrections, and Charles Graddick, the Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 29, 1987.

Attorney(s) appearing for the Case

N.P. Callahan, Jr., Birmingham, Ala., for petitioner-appellant.

Fred F. Bell, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before KRAVITCH and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

Michael D. Holsclaw appeals from an order denying his petition for a writ of habeas corpus in the district court.

I. STATEMENT OF PROCEEDINGS

Holsclaw was convicted on December 8, 1980 in the circuit court of Madison County, Alabama of the offense of theft of an automobile, a felony. Upon urging of counsel he waived a jury trial. Proof was then submitted to the trial court of four prior felony convictions and he was...

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