State ex rel. Thomas v. Richard

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In 2007, Appellant was charged in Warren County, Ohio with two drug-related felony offenses. Appellant fled the jurisdiction before trial and was later imprisoned in Pennsylvania for federal drug convictions. In 2012, Appellant was extradited to Warren County. Appellant filed a pretrial motion to dismiss the indictment, alleging a violation of Article IV(d) of the Interstate Agreement on Detainers and, alternatively, that he was extradited to Ohio from Pennsylvania without a hearing. The trial court denied the motion to dismiss. Appellant was convicted of the felony charges and sentenced to six years’ incarceration. Appellant then filed a petition for a writ of habeas corpus, alleging that Ohio lacked jurisdiction over him because he was returned to the state pursuant to a defective extradition request. The court of appeals dismissed the motion for failure to state a claim. The Supreme Court affirmed, as “[a] claim of illegal extradition does not state a claim in habeas corpus and will not void [a] conviction.” View "State ex rel. Thomas v. Richard" on Justia Law

Posted in: Criminal Law

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