James H. Johnson v. State of Kansas and Tracy A. Hand, Warden, Kansas State Penitentiary, Lansing, Kansas

PICKETT, Circuit Judge.

This is a habeas corpus proceeding in which the petitioner seeks release from the Kansas State Penitentiary where he is serving a 30-year sentence as an habitual criminal. The petition alleged that the petitioner was denied due process of law when, after having been convicted of the crime of grand larceny, he was brought before the court and sentenced as an habitual criminal without pre-trial notice that the provisions of the Kansas habitual criminal statute 1 would be invoked, and without a judicial hearing to determine whether he was subject to the provisions of the…