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· 1/10/1967

Jack Shields v. Dr. George J. Beto, Director, Texas Department of Corrections

Citations

  • 370 F.2d 1003
  • 1967 U.S. App. LEXIS 7833

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the state had waived jurisdiction of its right to execute its sentence where it had waited 28 years to enforce that right
  • noting that “delay in execution of a sentence is repugnant to the law”
  • finding Texas’s lack of interest in prisoner to constitute a waiver of jurisdiction
  • “Fourteenth Amendment . . . requires that ‘action by a state through any of its agencies must be consistent with the fundamental principles of liberty and justice’ ”
  • failure to reacquire jurisdiction over prisoner for more than 28 years after extradition pardoned the sentence, and attempt to require defendant to serve sentence after 28 years violated due process
  • lapse of 28 years where state showed no interest in the return of the prisoner was “equivalent to a pardon or commutation of his sentence and a waiver of jurisdiction” over prisoner

Source: CourtListener parenthetical corpus (CC0).

Judges: Tuttle, Ainsworth, Dyer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.