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DENNEY v. STATE OF KANSAS

No. 506-70.

436 F.2d 587 (1971)

William Glenn DENNEY, Appellant, v. STATE OF KANSAS, its Agent, Sheriff Dayton Evans, Cherokee County, Columbus, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

January 14, 1971.

Attorney(s) appearing for the Case

Kent Frizzell, Atty. Gen. and Edward G. Collister, Jr., Asst. Atty. Gen. have filed a Motion to Affirm and Suggestions in Support of Summary Affirmance on behalf of appellee.

William Glenn Denney, has filed a Memorandum Opposing Summary Affirmance and a Traverse of Appellee's Motion for Summary Affirmance pro se.

Before LEWIS, Chief Judge, BREITENSTEIN and McWILLIAMS, Circuit Judges.

PER CURIAM.

On December 9, 1969, the District Court of Cherokee County, Kansas imposed a forty (40) year sentence after Denney was convicted on charges of second-degree burglary and grand larceny. The direct appeal is now pending in the Kansas Supreme Court.

The federal district court denied habeas corpus relief for failure to exhaust available state remedies. We agree. This court has held that state remedies cannot be exhausted if an appeal from a state conviction...

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