Cain v. Moore

In concurring with the majority opinion I would like to stress the fact that the discharge in a prior habeas corpus proceeding of one held for extradition generally bars later proceedings within the same jurisdiction based on identical issues and evidence. The earlier judgment is res judicata only with regard to the issues of law and fact necessarily involved in the finding that the prisoner was illegally in custody at the time. Collins v. Loisel, 262 U.S. 426, 430, 43 S. Ct. 618, 67 L. Ed. 1062 (1923) (Brandeis, J.). The res judicata bar does not apply in cases where the first *475discharge was…