STATE EX REL. STEPHAN v. O'KEEFE

Nos. 56,548, 56,771

235 Kan. 1022 (1984)

686 P.2d 171

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, et al., Petitioners, v. THE HONORABLE MAURICE P. O'KEEFE, JR., District Judge, First Judicial District, Respondent. IN RE APPLICATION OF MICHAEL A. BARBARA, SECRETARY OF CORRECTIONS, FOR AN ORDER STAYING CERTAIN COURT PROCEEDINGS IN LEAVENWORTH DISTRICT COURT.

Supreme Court of Kansas.

Opinion filed July 13, 1984.


Attorney(s) appearing for the Case

Brenda Hoyt, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for petitioners.

Maurice P. O'Keefe, Jr., of Leavenworth, argued the cause and was on the brief pro se.

Lisa Nathanson, of Topeka, was on the amicus curiae brief for Legal Services for Prisoners, Inc.

Michael Kaye, of Overland Park, was on the amici curiae brief for Kansas Civil Liberties Union; Elizabeth R. Alexander, of Washington, D.C., was on the amici curiae brief for the National Prison Project of the American Civil Liberties Union.


The opinion of the court was delivered by

LOCKETT, J.:

This is an original action in mandamus, brought by Attorney General Robert T. Stephan, Secretary of Corrections Michael Barbara, and other Department of Corrections officials (petitioners). The action was brought against Judge Maurice P. O'Keefe, Jr., and various inmates at the Kansas State Penitentiary. All respondents except Judge O'Keefe have now been dismissed from this action. The petitioners request...

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