United States First Circuit

In a dispute arising from a standoff between Rhode Island and the Federal Government over the transfer of a capital inmate concerning whether the Federal Government, after being rebuffed by a state in its attempt to take custody of the inmate under Article IV(a) of the Interstate Agreement on Detainers (IAD), may compel the same result by means of a writ of habeas corpus ad prosequendum, petition for a writ of prohibition is granted where once the Federal Government elects to seek custody of a state prisoner under the IAD, it is bound by that decision and any subsequent writ petition is to be considered a written request for temporary custody under the IAD and, as such, subject to all of the strictures of the IAD, including the governor's right of refusal.

Appellate Information

• Decided 10/13/2011
• Published 10/13/2011

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert B. Mann, Claire Richards, Donald C. Lockhart