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· 9/22/1982

Paul J. Hernandez v. United States Attorney General, and United States Bureau of Prisons

Citations

  • 689 F.2d 915
  • 1982 U.S. App. LEXIS 25437

How courts have described this case

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

  • noting that sovereign with prior jurisdiction and custody may waive rights and allow another sovereign to proceed with execution of its sentence
  • temporary transfer of custody from state to federal government pursuant to a writ of habeas corpus ad prosequen- dum did not relinquish state’s jurisdiction
  • “Whether jurisdiction and custody of a prisoner shall be retained or surrendered is a matter of comity and is to be determined by the sovereign having custody.”
  • “Whether jurisdiction and custody of a prisoner shall be retained or surrendered is a matter of comity and is to be determined by the sovereign having custody.”
  • when state officials temporarily transferred custody over a prisoner for federal proceedings pursuant to a writ of habeas corpus ad prosequendum, they “did not relinquish jurisdiction” over the prisoner and “he continued to be a ‘state prisoner.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barrett, Logan, Seth

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.