BEEM v. McKUNE

Nos. 00-3224, 00-3249.

278 F.3d 1108 (2002)

Steven D. BEEM, Petitioner-Appellant, v. David R. McKUNE, Warden, Lansing Correctional Facility, and Carla Stovall, Kansas Attorney General, Respondents-Appellees. Donald Henson, Jr., Petitioner-Appellant, v. David R. McKune, Warden, Lansing Correctional Facility, and Carla Stovall, Kansas Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 8, 2002.


Attorney(s) appearing for the Case

Michael S. Holland of Holland and Holland, Russell, KS, for Petitioners-Appellants.

Kristafer R. Ailslieger, Assistant Attorney General, Criminal Litigation Division, Topeka, KS, for Respondents-Appellees.

Before TACHA, Chief Judge, McKAY, Circuit Judge, and CUDAHY, Senior Circuit Judge.


McKAY, Circuit Judge.

Appellants Steven D. Beem and Donald Henson, Jr., state prisoners, appeal the dismissal of their 28 U.S.C. § 2254 habeas petitions. The issue we address is important even though it only arises because of a peculiarity in Kansas state law. While changes in Kansas law assure that we will never face this issue in the present context again, our duty to resolve this matter remains undiminished. The issue facing this court is whether Mr. Beem...

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