Legal Opinion

Lewis Wesley Huston v. State of Kansas

Court of Appeals for the Tenth Circuit

Decided April 5, 1968No. 9548PublishedCited by 8 opinions

1Per curiam

Appellant is in custody at the United States Penitentiary, Leavenworth, Kansas. In this action he does not attack the federal sentence he is serving; instead he asks this court to require the state of Kansas to try him on state criminal charges pending against him. He complains that a detainer warrant was filed against him by Kansas authorities, and he is being denied a speedy trial on the state charges. He argues that the federal courts have the authority under 28 U.S.C. § 2241(c) (5) to issue a writ of habeas corpus ad prosequendum to have him brought before the Kansas court for trial.

The…

2Cases cited5 opinions

  1. Carbo v. United StatesSupreme Court of the United States · 1961
  2. Lunsford v. HudspethCourt of Appeals for the Tenth Circuit · 1942
  3. Donald Wayne Lawrence v. J. T. Willingham, WardenCourt of Appeals for the Tenth Circuit · 1967
  4. Walter S. McCary v. State of KansasCourt of Appeals for the Tenth Circuit · 1960
  5. Ronald L. Naugle v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1967

3Cited by8 opinions

  1. United States v. Claude John Scallion, Raymond Lynn Buckelew, James Laney Jenkins and Judson Lee DraneCourt of Appeals for the Fifth Circuit · 1977
  2. William Brady Trigg v. State of TennesseeCourt of Appeals for the Sixth Circuit · 1975
  3. Trigg v. MoseleyCourt of Appeals for the Tenth Circuit · 1970
  4. Richard C. Ruip v. Commonwealth of KentuckyCourt of Appeals for the Sixth Circuit · 1968
  5. Trigg v. MoseleyCourt of Appeals for the Tenth Circuit · 1970

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