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211 Kan. 257

Davis v. State

Supreme Court of Kansas

Decided January 20, 1973

Supreme Court of Kansas · decided 1973-01-20

Relies on Levier v. State · Hamrick v. Hazelet · Case v. Crouse

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-20

How this case has been cited

Cited by 6 later decisions — most recently December 2013

6 state decisions

2019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1This is an appeal from an order of the district court summarily dismissing a petition for a writ of habeas corpus filed by the appellant, Larry Dale Davis, an inmate of the Kansas State Penitentiary. The appellee is the State of Kansas. The proceedings were filed pro se and are designated as a “Petition for Writ of Habeas Corpus Ad Testificandum Pursuant to K. S. A. 60-1501.”

¶2Appellant contends he has been mistreated during his confinement in the penal institution; that his mistreatment is of a continuing nature; that his rights have been denied; that there are substantial issues of fact to be determined; and that habeas corpus is a proper remedy.

¶3The same questions were before this court in Levier v. State, 209 Kan. 442, 497 P. 2d 265; Hamrick v. Hazelet, 209 Kan. 383, 497 P. 2d 273; and more recently, in Case v. Crouse, 210 Kan. 341, 502 P. 2d 785.

¶4In Levier, we suggested appropriate administrative procedures be established and the remedies required thereby be exhausted before there is a resort to the courts. Revised rules and regulations have been adopted and became effective August 1,1972. As directed in Case v. Crouse, supra, this case is reversed and is remanded with directions to the district court to require the appellant to exhaust his administrative remedies and to order the State Director of Penal Institutions to consider the matter under inmate grievance procedures provided in the rules and regulations.

¶5It is so ordered.

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