Brightman v. Withrow

MILLER, Justice:

The relator, Laverne Stanley Brightman, contends in this habeas corpus proceeding that he is illegally incarcerated in the Ka-nawha County Jail under the provisions of the West Virginia Code relating to extradition, W.Va.Code, 5-1-7 et seq. The relator argues that because he was not arrested on the Governor’s warrant for his extradition ninety days after he was originally arrested and detained on a fugitive warrant, the State is barred from proceeding further on the extradition. We disagree.

On November 18, 1982, the relator was incarcerated in the Kanawha County Jail under a…