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CASE v. ANDREWS

No. 51,356

226 Kan. 786 (1979)

603 P.2d 623

EDWARD E. CASE, Petitioner, v. DANIEL R. ANDREWS, Lyon County Sheriff, Respondent.

Supreme Court of Kansas.

Opinion filed December 1, 1979.

Attorney(s) appearing for the Case

Michael C. Helbert, of Guy and Helbert, of Emporia, argued the cause and was on the brief for the petitioner.

Jay W. Vander Velde, Lyon County Attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the respondent.

The opinion of the court was delivered by

PRAGER, J.:

This is an original action in habeas corpus brought pursuant to K.S.A. 60-1501. The petitioner, Edward E. Case, claims deprivation of due process in the denial of his Sixth Amendment right to confer privately with his counsel while being held for trial in the Lyon County jail at Emporia.

The facts in the case have been stipulated by the parties and are as follows: Petitioner is currently incarcerated...

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