Leonard Elgy Clem and Ernest Odell Gilbert v. A. L. Lockhart, Superintendent, Cummins Unit, Arkansas Department of Correction

Appellants were convicted of burglary in Pulaski County, Arkansas Circuit Court. After their convictions were announced, evidence was presented to show that Clem and Gilbert had each committed at least three prior felonies. No objection was made to the introduction of this evidence. Pursuant to the Arkansas Habitual Offender Act, Ark.Stat.Ann. § 43-2328 (Supp.1973), each man was given a 31 year prison sentence. These convictions were affirmed by the Arkansas Supreme Court in Clem & Gilbert v. State, 254 Ark. 580, 495 S.W.2d 517 (1973). 1

This habeas corpus action under 28 U.S.C. § 2254 was…