Kelbach v. McCotter

ZIMMERMAN, Chief Justice:

Walter B. Kelbach appeals from the district court’s dismissal of his petition for a writ of habeas corpus. Kelbach claims that he is entitled to the writ on three grounds: (i) he was denied the right to be tried before a representative jury; (ii) the trial court “lost jurisdiction” over him because it did not immediately resentence him to life imprisonment after the United States Supreme Court vacated his death sentence; and (iii) he was improperly sentenced to life imprisonment under a penalty provision not in effect at the time he committed the murders. We affirm.

On…