Clency v. Nagle

The State of Alabama appeals the district court’s order granting petitioner habeas corpus relief and ordering resentencing on a 1981 conviction without the consideration of two prior convictions.

In 1981, petitioner, Charles Ray Clency, was convicted in Alabama state court of robbery. Under Alabama law, a defendant with three prior felony convictions may be sentenced to life imprisonment without parole. Because petitioner had four prior felony convictions, the state court enhanced petitioner’s sentence to life without parole.

In 1991, petitioner filed two separate habe-as corpus petitions…