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BEEM v. McKUNE

Nos. 00-3224, 00-3249.

317 F.3d 1175 (2003)

Steven D. BEEM, Petitioner-Appellant, v. David R. McKUNE, Warden, Lansing Correctional Facility; Carla Stovall, Kansas Attorney General, Respondents-Appellees. Donald Henson, Jr., Petitioner-Appellant, v. David R. McKune, Warden, Lansing Correctional Facility; Carla Stovall, Kansas Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 27, 2003.

Attorney(s) appearing for the Case

Michael S. Holland (Michael S. Holland II, with him on the brief), Holland and Holland, Russell, KS, for Petitioners-Appellants.

Kristafer R. Ailslieger, Assistant Attorney General, Criminal Litigation Division, Topeka, KS, for Respondents-Appellees.

Before TACHA, Chief Judge, McKAY, SEYMOUR, EBEL, KELLY, HENRY, LUCERO, MURPHY, HARTZ, and O'BRIEN, Circuit Judges.

TACHA, Chief Circuit Judge.

Petitioners-appellants Steven D. Beem and Donald H. Henson, Jr. sought habeas corpus relief in federal district court, 28 U.S.C. § 2254, arguing that the Kansas state courts violated their federal constitutional rights by sentencing them for aggravated incest — a crime for which they had never been charged, tried, or convicted. The district court denied the petitions for habeas corpus and the petitioners' requests for certificates...

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