· 6/15/1939
Moundridge Milling Co. v. Cream of Wheat Corp.
Citations
- 105 F.2d 366
- 23 A.F.T.R. (P-H) 174
- 1939 U.S. App. LEXIS 4749
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that release on bail constitutes relinquishment of primary jurisdiction
- stating that the prisoner was still in state custody when he was delivered 26 to the federal court, pursuant to a writ of habeas corpus ad prosequendum, for his federal 27 hearing and sentencing
- “[T]he federal government relinquished its custody and primary jurisdiction when it released Taylor on his own recognizance.”
- \Any statement by the court 7 prescribing when a sentence will begin to run is mere surplusage.\
- “Because the state retained primary jurisdiction, the district court did not have the authority to place Taylor into federal custody for the purpose of commencing his federal sentence.”
- “[B]ecause [petitioner] appeared pursuant to a valid writ of habeas corpus ad prosequendum, he was still in state custody when he was delivered to the federal court for the . . . hearing and for the . . . sentencing.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Phillips
Read full opinion on CourtListenerSourced 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.