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DIXON v. DUPNIK

Nos. 81-5182, 81-5183.

688 F.2d 682 (1982)

Rupert Ray DIXON, Petitioner-Appellant, v. Clarence W. DUPNIK, Sheriff of Pima County, State of Arizona, and the State of Arizona, Respondents-Appellees. Thomas Edward WARD, Petitioner-Appellant, v. Clarence W. DUPNIK, Sheriff of Pima County, State of Arizona, and the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted December 1, 1981.

Decided September 23, 1982.

Attorney(s) appearing for the Case

Jeffrey D. Bartolino, Tucson, Ariz., for petitioner-appellant.

Kevin Miniat and Joseph L. Brownlee, Deputy County Attys., Phoenix, Ariz., for respondents-appellees.

Before GOODWIN and REINHARDT, Circuit Judges, and VAN PELT, District Judge.

REINHARDT, Circuit Judge:

Dixon and Ward appeal the orders of the district court denying their petitions for writs of habeas corpus under 28 U.S.C. § 2254 (1976). Dixon was indicted by the State of Arizona in 1980 under the then existing section 13-3970 of the Arizona Revised Statutes for committing a felony while released on his own recognizance. The state trial has been stayed pending resolution of his appeal.1 We reverse.

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