Sigler, Warden v. Losieau

Mr. Chief Justice Burger, with whom Mr. Justice Stewart joins,

dissenting.

I would grant certiorari and summarily reverse. The United States Court of Appeals for the Eighth Circuit has erroneously interpreted the decision of this Court in Burgett v. Texas, 389 U. S. 109 (1967), and also has effectively overruled the Nebraska Supreme Court on a question of state law — the interpretation of Nebraska’s Habitual Criminal Act.

Losieau was convicted of burglary in 1952. Under Nebraska practice, after the jury had made the guilty finding, the trial court held a hearing outside the jury’s presence to…