William Delos Chappell v. Sherman H. Crouse, Warden Kansas Kansas State Penitentiary, Lansing, Kansas

399 F.2d 689, 1968 U.S. App. LEXIS 5957

• Court: Court of Appeals for the Tenth Circuit
• Decided: July 26, 1968
• Docket: 9951_1
• Status: Published

Opinion

PER CURIAM.

Appellee, in view of the recent Supreme Court decision, Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426, joins in appellant’s request that the order appealed from be set aside and the case remanded for further proceedings. We also agree.

It is appropriate to add that at the time the order appealed from was entered the trial judge properly relied upon the line of cases from this court applicable to the question involved. 1 Those cases have since the date of the order been overruled by Peyton v. Rowe, supra.

The order appealed from is vacated and the case is remanded for further proceedings.

1 . Carpenter v. Crouse, 10 Cir., 358 F.2d 701; Browning v. Crouse, 10 Cir., 356 F.2d 178.