George William Daegele v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas,appellee

In 1962, upon his plea of guilty to a charge of forcible rape, Daegele was sentenced as a second offender under the Kansas habitual criminal statute, K.S.A. 21-107a, to a term of ten (10) to forty-two (42) years. The conviction was affirmed in State v. Daegele, 190 Kan. 613, 376 P.2d 807 (1962). The United States Supreme Court granted certiorari, vacated the judgment, and remanded for consideration in light of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Daegele v. Kansas, 375 U.S. 1, 84 S.Ct. 89, 11 L.Ed.2d 44 (1963). The appeal was reinstated, counsel appointed…