Billy Ray Cox v. Terrell Don Hutto

McMILLIAN, Circuit Judge.

The State of Arkansas appeals from a decision of the district court 1 granting Billy Ray Cox’s petition for a writ of habeas corpus and releasing him from a prison sentence. 2 The district court, pursuant to the earlier mandate of this court in this case (Cox I), 3 found that Cox had suffered prejudice because of errors in a state court proceeding sentencing him as a habitual criminal. We affirm.

This case involves a proceeding under the Arkansas habitual criminal statute, 4 which provides longer sentences for convicted felons if they are shown to be repeat offenders.…