Virgil L. Montgomery v. Donald E. Bordenkircher, District Superintendent, Kentucky State Penitentiary

This is an appeal from an order of the district court denying the application of petitioner Montgomery for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On July 11, 1975, Montgomery was convicted by a jury on one count of armed robbery and one count of habitual criminality in the circuit court of Jefferson County, Kentucky. He received sentences of 10 years imprisonment on the armed robbery charge and life imprisonment on the habitual criminality charge, the sentences to run concurrently. On appeal the Kentucky Supreme Court modified the judgment of conviction by eliminating the…