SPAIN v. PODREBARAC

No. 95-3399-DES.

903 F.Supp. 38 (1995)

David M. SPAIN, Petitioner, v. Louis A. PODREBARAC, et al., Respondents.

United States District Court, D. Kansas.

October 4, 1995.


Attorney(s) appearing for the Case

David J. Gottlieb, University of Kansas, School of Law, Lawrence, KS, Ronald E. Wurtz, Capital Defense Coordinator, Topeka, KS, for petitioner.

Patrick W. Peters, Office of Attorney General, Topeka, KS, for Louis A. Podrebarac, Carl Osbon, Carla J. Stovall.


ORDER

SAFFELS, District Judge.

This matter is before the court on a petition for habeas corpus filed prior to trial in the underlying criminal action. The petitioner, David Spain, is currently housed in a Colorado jail and is subject to a detainer filed by Kansas authorities. Petitioner was charged with attempted murder by a complaint/information filed in Haskell County, Kansas, on March 17, 1995, and the petitioner

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