Legal Opinion
Beem v. State of Kansas
Court of Appeals for the Tenth Circuit
Decided January 8, 2002No. 00-3224, 00-3249PublishedCited by 5 opinions
1Opinion of the Court
McKAY, Circuit Judge.
Appellants Steven D. Beem and Donald Henson, Jr., state prisoners, appeal the dismissal of their 28 U.S.C. § 2254 habeas petitions. The issue we address is important even though it only arises because of a peculiarity in Kansas state law. While changes in Kansas law assure that we will never face this issue in the present context again, our duty to resolve this matter remains undiminished. The issue facing this court is whether Mr. Beem and Mr. Henson may be sentenced and imprisoned for crimes for which they were not charged, tried, or convicted.
Mr. Beem was charged and…
2Cases cited8 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- Cole v. ArkansasSupreme Court of the United States · 1948
- Gary Lee Davis v. Executive Director of Department of Corrections, as Head of the Department of Corrections, Ari ZavarasCourt of Appeals for the Tenth Circuit · 1996
- Carmichael v. StateSupreme Court of Kansas · 1994
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3Cited by5 opinions
- State v. CooperSupreme Court of Kansas · 2003
- Reed v. HanniganCourt of Appeals for the Tenth Circuit · 2002
- Beem v. McKuneCourt of Appeals for the Tenth Circuit · 2003
- Beem v. State of KansasCourt of Appeals for the Tenth Circuit · 2002
- Steven D. Beem v. David R. McKune Warden, Lansing Correctional Facility Carla Stovall, Kansas Attorney General, Donald Henson, Jr. v. David R. McKune Warden, Lansing Correctional Facility Carla Stovall, Kansas Attorney GeneralCourt of Appeals for the Tenth Circuit · 2003