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JONES v. WHITE

Nos. 90-7129, 90-7295, 90-7394 and 92-6175.

992 F.2d 1548 (1993)

Anthony JONES, Petitioner-Appellant, v. Warden J.D. WHITE; Attorney General of the State of Alabama, Respondents-Appellees, Circuit Court of Macon County, Defendant. William H. MARDIS, Petitioner-Appellant, v. Charlie JONES, Warden; Don Siegelman, Attorney General for the State of Alabama, Respondents-Appellees. Larry Wayne GARRETT, Petitioner-Appellant, v. Charlie JONES, Warden and Attorney General of the State of Alabama, Respondents-Appellees. Terry Wayne McLESTER, Petitioner-Appellant, v. Morris THIGPEN, Commissioner of the State of Alabama, Department of Corrections; James H. Evans, Attorney General for the State of Alabama; W.E. Johnson, Warden, Holman Station, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 15, 1993.

Attorney(s) appearing for the Case

William S. Haynes, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for petitioner-appellant in No. 90-7129.

Andy Poole, Asst. Atty. Gen., Montgomery, AL, for respondents-appellees in No. 90-7129.

Thomas M. Goggans, Montgomery, AL, for petitioner-appellant in No. 90-7295.

J. Thomas Leverette, Asst. Atty. Gen., Montgomery, AL, for respondents-appellees in No. 90-7295.

George Beck, Dennis R. Pierson and W. Terry Travis, Montgomery, AL, for petitioner-appellant in No. 90-7394.

P. David Bjurberg, Asst. Atty. Gen., Montgomery, AL, for respondents-appellees in No. 90-7394.

W. Terry Travis, George L. Beck, Montgomery, AL, William J. Baxley, Baxley, Dillard & Dauphin, Birmingham, AL, for petitioner-appellant in No. 92-6175.

James H. Evans, Atty. Gen., Andy S. Poole, Beth Slate Poe, Asst. Attys. Gen., Montgomery, AL, for respondents-appellees in No. 92-6175.

Before BIRCH, Circuit Judge, JOHNSON, Senior Circuit Judge, and THOMAS, Senior District Judge.

BIRCH, Circuit Judge:

In this consolidated appeal from denials of habeas corpus relief, we examine constitutional challenges to the Alabama Habitual Felony Offender Act (HFOA), which subjects a convicted felony defendant to life imprisonment without parole after the fourth Class A felony conviction. In these four cases, criminal defendants were sentenced under the HFOA. As habeas corpus petitioners, they allege that similarly eligible defendants were not so sentenced...

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