Topeka ? A judge will hear arguments next month on a Topeka woman’s claim that she is being held illegally in Kansas on criminal charges filed in Indiana.

Donna Lynette Walker, 35, is accused of misleading an Indiana family into believing that she was Shannon Marie Sherrill, who disappeared in 1986 at the age of 6 from outside her mother’s home. She is charged in Boone County, Ind., with felony identity deception and misdemeanor false reporting.

Walker has been jailed in Shawnee County since surrendering to Kansas authorities July 31. Gov. Kathleen Sebelius last week signed an extradition warrant that prevents Walker from being able to leave jail by posting a bond while the question of whether she will be sent to Indiana is pending.

Defense lawyer Billy Rork filed a petition Wednesday challenging the legality of the warrant and seeking his client’s release. Shawnee County District Judge Nancy Parrish on Thursday scheduled a hearing on the petition Sept. 9.

Among other things, Rork contends the warrant improperly describes Walker as a fugitive from Indiana because she was not in that state when the alleged crimes occurred.