· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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