Reggie Clayton Madeley v. C. v. Kern, Sheriff of Harris County, and the State of Texas

Following a jury trial in state court, Reggie Clayton Madeley was convicted of burglary with intent to commit theft. Because of three prior felony convictions, he was sentenced to life imprisonment under an enhancement count, Vernon’s Tex.Penal Code Ann. art. 63 (1953). On direct appeal the Texas Court of Criminal Appeals affirmed the conviction, Madeley v. State, 488 S.W.2d 416 (1972).

Madeley then filed a petition for writ of habeas corpus, 28 U.S.C. § v2254 (1970), in which he raised five points: (1) that his indicting and convicting juries were constituted in violation of the United States…