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KENNON v. HILL

Nos. 93-3252, 93-3257.

44 F.3d 904 (1995)

John R. KENNON, Petitioner-Appellant, v. Mike HILL, Sheriff, of Sedgwick County, Kansas; Robert T. Stephan, Attorney General of the State of Kansas, Respondents-Appellees. J.C. WOODALL, Petitioner-Appellant, v. Mike HILL, Sheriff of Sedgwick County, Kansas; Robert T. Stephan, Attorney General of the State of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 24, 1995.

Attorney(s) appearing for the Case

Charles D. Dedmon, Asst. Federal Public Defender for the District of Kansas, Wichita, KS (Charles D. Anderson, Federal Public Defender for the District of Kansas, with him on the briefs), for petitioner-appellant John R. Kennon in 93-3252.

Roger L. Falk of Law Office of Roger L. Falk, P.A., Wichita, KS, for petitioner-appellant J.C. Woodall in 93-3257.

Debra S. Peterson, Asst. Dist. Atty., Wichita, KS (Debra S. Byrd, Asst. Dist. Atty., and Nola Foulston, Dist. Atty., on the brief) for respondents-appellees.

Before EBEL, McKAY, and REAVLEY, Circuit Judges.

McKAY, Circuit Judge.

The petitioners, J.C. Woodall and John R. Kennon, have filed for habeas corpus relief, seeking to avoid extradition to Alabama without some assurances that they will not be subjected to the death penalty in Alabama. Because they present some identical issues, their petitions have been consolidated for appeal.

The pertinent facts alleged by the State of Alabama may be summarized as follows. Mr...

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