Stewart v. Sheriff of Leavenworth County

Abbott, J.;

This is an appeal from the trial court’s denial of a writ of habeas corpus brought by James Stewart in an effort to prevent extradition from Kansas to Wisconsin.

Two issues are presented. Stewart denies he is a fugitive from justice on the theory that his Wisconsin conviction is void because of an alleged violation of the Interstate Agreement on Detainers Act. He argues also that the district court erred in refusing to consider the issue and in ruling that any violation of the detainer act must be raised in the demanding state. Stewart claims article IV(a) and (e) of the uniform…