Friday, November 15, 2013

Application of Robinson case brief

Application of Robinson case brief summary
322 P.2d 304 (1958)

Appellant inmate challenged the judgment of the Eighth Judicial District Court, Clark County (Nevada), which denied the inmate discharge from custody under a writ of habeas corpus. The State filed a motion to dismiss the appeal on the ground that the issues involved had become moot because the inmate had been taken into custody and removed by another state.

At the time of the issuance of the writ, the inmate was in custody and being held for extradition to Oregon under an executive warrant of the governor of Nevada. The inmate had been convicted in Oregon, granted parole, convicted in Nebraska, and then his Oregon parole was revoked. Defendant claimed that in delivering him to Nebraska, Oregon waived further service of sentence.

  • On appeal, the court made no determination on the point that the appeal was moot. 
  • The court found that the mode of the inmate's departure from Oregon did not affect his status as a fugitive from justice. 
  • Further, the court ruled that Oregon did not waive its right to insist upon service of sentence and that the inmate continued while in Nebraska and until revocation of parole to serve the Oregon sentence. 
  • The court decided that Oregon's act was not a suspension of sentence or abandonment of the inmate. 
  • The court stated that the inmate's prior discharges under habeas corpus did not result from judicial determinations that barred Oregon from asserting the right of requisition because no hearings were held upon the merits of the inmate's contentions. 
  • The court concluded that res judicata did not apply.

The court denied the State's motion to dismiss the appeal. The court affirmed the denial of the inmate's request for discharge from custody under a writ of habeas corpus.

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