Hulett v. Sigler

VAN PELT, District Judge.

The discretion vested in a prosecuting attorney in filing habitual criminal charges is without doubt an awesome weapon in the hands of law enforcement officials. Once more the use and/or non-use of the Nebraska recidivist statute brings before this court in a habeas corpus proceeding the question of whether a plea of guilty was coerced. Kenneth Hulett, an inmate in the Nebraska Penal and Correctional Complex, has invoked the jurisdiction of this court to consider the legality of his detention. Petitioner was convicted of burglary on his own plea, the voluntary nature…