Tony R. Jake v. G.L. Herschberger, Warden, Adx-Florence, Florence, Colorado

How courts have described this case

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

• noting that the writ of habeas corpus permits “the receiving sovereign” to temporarily “borrow” a person for the purposes of “indicting, , trying, and sentencing the person”
• noting that “the prisoner is still under the jurisdiction of the sending sovereign, and is considered to be in the custody of the sending sovereign not the receiving sovereign”
• declining to exercise equitable powers in four-year delay because there was no evidence of malfeasance by federal authorities
• explaining that the writ of habeas corpus ad prosequendum allows one sovereign to “borrow” a prisoner for the purpose of prosecuting him, but the receiving sovereign only has limited jurisdiction over him and he is considered to remain in custody of the sending sovereign
• determining, in habeas context, that \record [was] unclear one way or the other\ on particular issue, that government bore burden of proof on that issue, and that, therefore, habeas petitioner must prevail
• determination as to concurrence of sentence made by one sovereign does not bind any other sovereign

Source: CourtListener parenthetical corpus (CC0).