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HICKS v. OKLAHOMA

No. 78-6885.

447 U.S. 343 (1980)

100 S.Ct. 2227

65 L.Ed.2d 175

HICKS v. OKLAHOMA.

Supreme Court of United States.

Decided June 16, 1980.

Attorney(s) appearing for the Case

David M. Ebel, by appointment of the Court, 444 U.S. 988, argued the cause for petitioner. With him on the briefs was Richard A. Sonntag.

Janet L. Cox, Assistant Attorney General of Oklahoma, argued the cause pro hac vice for respondent. With her on the brief was Jan Eric Cartwright, Attorney General.

MR. JUSTICE STEWART delivered the opinion of the Court.

The petitioner was brought to trial in an Oklahoma court on a charge of unlawfully distributing heroin. Since he had been convicted of felony offenses twice within the preceding 10 years, the members of the jury were instructed, in accordance with the habitual offender statute then in effect in Oklahoma,1 that, if they found the petitioner...

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