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KESTERSON v. STATE

No. 90,368.

276 Kan. 732 (2003)

79 P.3d 1074

STEVEN D. KESTERSON, Appellee, v. STATE OF KANSAS, et al., Appellants.

Supreme Court of Kansas.

Opinion filed November 21, 2003.

Attorney(s) appearing for the Case

Linden G. Appel, of Department of Corrections, argued the cause, and Kenneth R. Smith, special assistant attorney general, was with him on the brief for appellant.

Charles J. Cavenee, of Legal Services for Prisoners, Inc., of Lansing, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

Steven Kesterson, an inmate in Lansing Correctional Facility, filed a petition for writ of habeas corpus pursuant to K.S.A. 2002 Supp. 60-1501 in Leavenworth County District Court. He asked that the Department of Corrections (DOC) be ordered to restore good time credits it had withheld because of his failure to participate in a sex offender program. The district court granted the petition and DOC appealed...

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