William Griffin v. Warden, West Virginia State Penitentiary

CRAVEN, Circuit Judge:

This is an appeal by John William Griffin from the denial of habeas relief by the district court. The petitioner was convicted of grand larceny on December 9, 1970. Pursuant to West Virginia’s Habitual Offender Act, an information was filed charging that Griffin had been twice before convicted of crime punishable by imprisonment in .a penitentiary. Upon such proof the West Virginia court has a mandatory duty to sentence such a person to life imprisonment, 1 and Griffin is now serving a life sentence.

In Hart v. Coiner, 483 F.2d 136 (4th Cir. 1973), cert. denied, 415 U.S.…