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Jim Housley v. John Mann, District Attorney or Sheriff of Lipscomb County

Citations: 51 F.3d 286; 1995 U.S. App. LEXIS 18325; 1995 WL 149244Docket: 94-7041

Court: Court of Appeals for the Tenth Circuit; April 5, 1995; Federal Appellate Court

Narrative Opinion Summary

In this appellate case, the petitioner, acting pro se, challenged the district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2241. The petitioner argued that his rights under the Interstate Agreement on Detainers Act were violated because he was not extradited within the 180-day period stipulated by Article III(a). However, the district court determined that the petitioner failed to submit the required written request for final disposition of charges, thus nullifying his claim. Citing the precedent set in Fex v. Michigan, the district court's ruling was that the 180-day period had not been triggered. On appeal, the Tenth Circuit Court of Appeals conducted a review and found no reversible error in the district court’s decision, thereby affirming the dismissal. The appellate court also noted that their judgment does not serve as binding precedent except under certain legal doctrines and concluded that oral argument was unnecessary for resolving the appeal, deciding the case on the written submissions alone. Consequently, the petitioner's appeal was unsuccessful, and the district court's ruling stood affirmed.

Legal Issues Addressed

Binding Precedent and Non-Binding Decisions

Application: The Tenth Circuit Court of Appeals affirmed the district court's decision, noting that their order and judgment are not considered binding precedent except under specific legal doctrines.

Reasoning: The order and judgment are not binding precedent except under specific doctrines, and the panel decided that oral argument would not materially assist in the appeal’s determination, opting to submit the case without it.

Interstate Agreement on Detainers Act under Article III(a)

Application: The court found that the petitioner did not comply with the requirement to submit a written request for final disposition of the charges to trigger the 180-day extradition period.

Reasoning: Housley contends that he was not extradited to Texas within the 180-day period mandated by Article III(a) of the Act. However, the district court found that Housley had not submitted a written request for final disposition of the charges as required by Article III(a), thus invalidating his claim.

Review of District Court's Decision for Reversible Error

Application: The Tenth Circuit Court of Appeals reviewed the district court's dismissal of the habeas corpus petition and found no reversible error, thus affirming the decision.

Reasoning: The Tenth Circuit Court of Appeals reviewed the case and determined there was no reversible error, affirming the district court's decision.