Darnell v. Merchant et al
MEMORANDUM AND ORDER - It is ordered that respondents are directed to respond to petitioner's request for immediate release on or before Monday, May 8, 2017, by 5:00 p.m. Signed by District Judge John W. Lungstrum on 05/05/2017. (ses)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CASE NO. 17-3063-JWL
JOHN MERCHANT and
KICKAPOO TRIBE IN KANSAS,
MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed under 25 U.S.C.
§ 1303. Petitioner was convicted in March 2017 in the Kickapoo Tribal
District Court. Although she was released on bond after her
conviction, petitioner was arrested on March 31, 2017, and has been
incarcerated in the Brown County Jail since that time.
The petition for habeas corpus alleges a number of errors in the
proceedings against petitioner, and due to the gravity of her
allegations, the Court will direct the parties to reply to her request
for immediate release pending the resolution of this habeas corpus
action. See Pfaff v. Wells, 648 F.2d 689, 693 (10th Cir.
1981)(recognizing the inherent authority of a federal district court
to enlarge a prisoner on bond, pending a decision on a petition for
habeas corpus). While such relief is appropriate only upon a showing
of exceptional circumstances and the existence of a substantial
constitutional issue, Pfaff, id., and Johnson v. Nelson, 877 F.Supp.
569, 570 (D. Kan. 1995), petitioner’s allegations of error appear
adequate, at this state, to warrant consideration of her request.
IT IS, THEREFORE, ORDERED that respondents are directed to
respond to petitioner’s request for immediate release on or before
Monday, May 8, 2017, by 5:00 p.m.
IT IS SO ORDERED.
This 5th day of May, 2017, at Kansas City, Kansas.
s/ John W. Lungstrum
JOHN W. LUNGSTRUM
U.S. District Judge
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