No. 18-7148

Austin Ray v. United States

Lower Court: Tenth Circuit
Docketed: 2018-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest custody custody-rights detainer habeas-corpus implied-consent interstate-agreement interstate-agreement-on-detainers jurisdiction prisoner-transfer speedy-trial
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Is the Interstate Agreement on Detainers ("IAD") triggered
when a prisoner in custody is arrested by another jurisdiction?

2. When there is no evidence that the Sending State
relinquished a prisoner to a Receiving State or consented to release a
prisoner through a writ of habeas corpus, express consent, bail release,
dismissal of charges, parole release, or expiration of sentence, but the
receiving jurisdiction nonetheless arrests the prisoner while in custody
of the primary jurisdiction, is the IAD triggered?

3. Can a Sending State impliedly consent to relinquish a
prisoner to a Receiving State and not trigger the IAD?

Question Presented (AI Summary)

Is the Interstate Agreement on Detainers (IAD) triggered when a prisoner in custody is arrested by another jurisdiction?

Docket Entries

2019-02-19
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States of America to respond filed.
Main Document
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word Count

Attorneys

Austin Ray
Jason B. Wesoky — Darling Milligan PC, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent