John Henry Pernell v. James H. Rose, Warden and State of Tennessee

John Henry Pernell was arrested in Ohio after having been charged with murder in Tennessee. He was not entitled to bail under Ohio law and spent approximately six months in jail in Ohio while resisting extradition to Tennessee. He was ultimately tried in Tennessee, found guilty of second degree murder and sentenced by the jury to serve ten years in prison, the maximum statutory sentence for the offense being twenty years. The State of Tennessee refused to give him credit on the ten-year sentence for time spent in custody in Ohio while awaiting extradition.

After exhausting his state remedies,…