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