Sammie Lee Gordon v. John E. Nagle, Warden Attorney General of the State of Alabama

GODBOLD, Senior Circuit Judge:

This is a habeas corpus case brought by an Alabama prisoner. The case has a lengthy history. 1 Gordon attacks the validity of sentences imposed on him in 1986 under Alabama’s Habitual Offender Statute, § 13A-5-9 et seq. (Code of Alabama 1975), and the validity of an underlying 1973 conviction utilized for enhancement in the 1986 cases. 2 This is the correct procedural method. The district court denied relief on procedural bar/ cause and prejudice grounds. 3 We are able to decide some of the issues but must certify one issue to the Supreme Court of Alabama.

In 1973…