Walter Paul Arnold v. Ronald Marshall, Supt., and William J. Brown, Attorney General, State of Ohio

Petitioner Arnold appeals from the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 (1976). The conviction which he attacked in the District Court for the Southern District of Ohio was entered after a jury trial in an Ohio Common Pleas Court on a charge of burglary of an uninhabited dwelling in the nighttime in February of 1953. Petitioner never appealed that sentence and served it until he was released unconditionally.

The occasion for the habeas attack upon the 1953 conviction is that in May of 1973 petitioner was indicted as an habitual offender under former Ohio…