James Prescher v. Sherman H. Crouse, Warden, Kansas State Penitentiary

HILL, Circuit Judge.

The Warden of the Kansas State Penitentiary appeals the district court order granting Prescher’s writ of habeas corpus. That order called for Prescher’s immediate release from the penal insti tution, on the finding that due process had been denied petitioner by the Kansas Supreme Court’s failure to speedily process a post-conviction appeal. The habeas corpus petition made the due process argument and also contended that the sentence was in excess of statutory limits. The lower court, after a hearing on the appeal delay issue, found a constitutional impairment and ordered…