MIZE v. CROUSE

No. 9809.

399 F.2d 593 (1968)

John Leonard MIZE, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

September 5, 1968.


Attorney(s) appearing for the Case

B. L. Pringle, Topeka, Kan., for appellant.

Edward G. Collister, Jr., Asst. Atty. Gen., (Robert C. Londerholm, Atty. Gen., was with him on the brief) for appellee.

Before MILLER, Senior Circuit Judge, and LEWIS and BREITENSTEIN, Circuit Judges.


DAVID T. LEWIS, Circuit Judge.

After finding that inordinate delay in Kansas state procedures was such as to deny to appellant an adequate state remedy, the United States District Court for the District of Kansas granted a full evidentiary hearing upon appellant's petition for habeas corpus. Federal relief was denied and this appeal followed. Appellant was convicted of burglary and is presently serving an habitual criminal sentence.

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