NEMECHEK v. McKUNE

No. 76,543.

24 Kan. App.2d 72 (1997)

941 P.2d 952

FRANCIS NEMECHEK, Appellee, v. DAVID R. McKUNE, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed June 27, 1997.


Attorney(s) appearing for the Case

Jeff Cowger, special assistant attorney general, for appellants.

Bruce C. Hedrick, of Legal Services for Prisoners, Inc., of Lansing, for appellee.

Before GERNON, P.J., RULON, J., and JAMES L. BURGESS, District Judge, assigned.


RULON, J.:

Respondents David R. McKune, et al., appeal the district court's grant of relief to a habeas corpus petition concerning a prisoner's refusal to participate in prison rehabilitative programs. We reverse.

The facts here are undisputed and are as follows:

Petitioner Francis Nemechek is serving five consecutive life sentences in the state prison in Lansing for five first-degree murders that he committed between December 1974 and August...

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