Chester Patty v. Donald E. Bordenkircher, Jr., Superintendent Kentucky State Penitentiary

MERRITT, Circuit Judge.

Chester Patty, as petitioner for a writ of habeas corpus, collaterally attacks his forty year sentence in the Commonwealth of Kentucky imposed on June 19, 1974, under Kentucky’s old Habitual Criminal Act. On June 19, 1974, Patty was convicted of burglary in the criminal court of Caldwell County at Princeton, Kentucky. Patty took the stand in his own defense at this trial. Two days later a second separate, so-called “bifurcated” trial was conducted on the habitual criminal charge.1 In the habitual criminal proceeding, Patty was called to the witness stand by the…