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SPAIN v. PODREBARAC

No. 95-3319.

68 F.3d 1246 (1995)

David M. SPAIN, Petitioner, v. Louis PODREBARAC, Haskell County Attorney, Carl Osbon, Haskell County Sheriff, Carla Stovall, Kansas Attorney General, and the State of Kansas, Respondents.

United States Court of Appeals, Tenth Circuit.

October 18, 1995.

Attorney(s) appearing for the Case

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

Patrick W. Peters, Office of the Attorney General, Topeka, KS, for respondents.

ORDER

BRISCOE, Circuit Judge.

Carla J. Stovall, the Attorney General for the State of Kansas, moves to dismiss David Spain's petition for writ of habeas corpus or, in the alternative, for emergency stay of proceedings. Stovall's motion is an emergency application under 10th Cir.R. 8.2. She presents her application to a single judge pursuant to 10th Cir.R. 8.3. She provides no basis for an emergency motion to dismiss.

Spain currently is held in Colorado...

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