Legal Opinion

Henry John Dolack, Cross-Appellee v. Fred Allenbrand, Sheriff of Johnson County, Kansas, Cross-Appellants

Court of Appeals for the Tenth Circuit

Decided January 24, 1977No. 76-1392, 76-1393PublishedCited by 25 opinions

1Opinion of the Court

SETH, Circuit Judge.

This is an appeal from a dismissal of appellant’s petition for a writ of habeas corpus.

The petitioner is being held for trial on charges by the State of Kansas. The Kansas trial court held, in substance, in pretrial proceedings, that petitioner’s rights had been violated by a failure to promptly appoint an attorney to defend him. The Kansas Supreme Court, however, reversed and remanded the case for trial. State v. Dolack, 216 Kan. 622, 533 P.2d 1282. The petitioner then filed this proceeding, seeking to be released from state custody and to prevent a trial by the State of…

2Cases cited11 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  3. Dombrowski v. PfisterSupreme Court of the United States · 1965
  4. Ex Parte RoyallSupreme Court of the United States · 1886
  5. Douglas v. City of JeannetteSupreme Court of the United States · 1943

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3Cited by25 opinions

  1. James Capps v. George SullivanCourt of Appeals for the Tenth Circuit · 1993
  2. Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative ServiceDistrict Court, D. Kansas · 1994
  3. Winn v. CookCourt of Appeals for the Tenth Circuit · 2019
  4. Rubins v. RoetkerDistrict Court, D. Colorado · 1990
  5. Spain v. PodrebaracCourt of Appeals for the Tenth Circuit · 1995

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