Leroy John Hampton v. Donald Wyrick

Leroy John Hampton, a Missouri state prisoner, appeals from the district court’s order denying his petition for a writ of habeas corpus. On appeal it is asserted that petitioner received a 50 year sentence by the state trial judge as the result of his exercise of his right to a trial by jury. 1 We have studied the state court transcript and, although we find the 50 year sentence unusual, there exists only speculation that it was vindictively imposed for petitioner’s exercise of his constitutional right to a jury trial.

Petitioner asserted the same claim in a state post-conviction proceeding.…