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PRESCHER v. CROUSE

No. 273-70.

431 F.2d 209 (1970)

James PRESCHER, Appellee, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 1970.

Attorney(s) appearing for the Case

Edward G. Collister, Jr., Asst. Atty. Gen. of Kan., Topeka, Kan. (Kent Frizzell, Atty. Gen. of Kan., Topeka, Kan., on the brief), for appellant.

Arthur T. Voss, Denver, Colo. (Gerald Cunningham, Denver, Colo., on the brief), for appellee.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

The Warden of the Kansas State Penitentiary appeals the district court order granting Prescher's writ of habeas corpus. That order called for Prescher's immediate release from the penal institution, on the finding that due process had been denied petitioner by the Kansas Supreme Court's failure to speedily process a post-conviction appeal. The habeas corpus petition made the due process argument and also...

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