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MILLS v. JORDAN

No. 91-3767.

979 F.2d 1273 (1992)

Samuel D. MILLS, Petitioner-Appellant, v. D. Bruce JORDAN, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Michael T. Brody, Jerold S. Solovy, Barry Sullivan, Daniel S. Goldman (argued), Ruth A. Bahe-Jachna, Jenner & Block, Chicago, Ill., for petitioner-appellant.

David A. Arthur, Deputy Atty. Gen., Ronald J. Semler, Asst. Atty. Gen. (argued), Federal Litigation, Indianapolis, Ind., for respondent-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Samuel Mills received a two-year sentence for auto theft, which was enhanced by 30 years under Indiana's habitual offender statute, Ind.Code § 35-50-2-8.1 One of the predicate offenses for the enhancement was a 1965 Florida felony conviction for larceny of an automobile. Claiming that the 1965 larceny conviction was constitutionally defective, Mills petitioned for a writ of habeas corpus under 28 U.S.C. §...

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