Rupert Ray Dixon v. Clarence W. Dupnik, Sheriff of Pima County, State of Arizona, and the State of Arizona, Thomas Edward Ward v. Clarence W. Dupnik, Sheriff of Pima County, State of Arizona, and the State of Arizona

688 F.2d 682 Rupert Ray DIXON, Petitioner-Appellant, v. Clarence W. DUPNIK, Sheriff of Pima County, State of Arizona, and the State of Arizona, Respondents-Appellees. Thomas Edward WARD, Petitioner-Appellant, v. Clarence W. DUPNIK, Sheriff of Pima County, State of Arizona, and the State of Arizona, Respondents-Appellees. Nos. 81-5182, 81-5183. United States Court of Appeals, Ninth Circuit. Argued Sept. 16, 1981. Submitted Dec. 1, 1981. Decided Sept. 23, 1982. Jeffrey D. Bartolino, Tucson, Ariz., for petitioner-appellant. Kevin Miniat and Joseph L. Brownlee, Deputy County Attys., Phoenix, Ariz., for respondents-appellees. Appeal from the United States District Court for the District of Arizona. Before GOODWIN and REINHARDT, Circuit Judges, and VAN PELT, * District Judge. REINHARDT, Circuit Judge: 1 Dixon and Ward appeal the orders of the district court denying their petitions for writs of habeas corpus under 28 U.S.C. § 2254 (1976). Dixon was indicted by the State of Arizona in 1980 under the then existing section 13-3970 of the Arizona Revised Statutes for committing a felony while released on his own recognizance. The state trial has been stayed pending resolution of his…