Holsclaw v. Smith

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 then sentenced to life imprisonment without parole pursuant to the Alabama Recitivist Statute. His conviction was affirmed by the court of criminal…