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Criminal Law keyed to Dripps
Pacileo v. Walker
Facts
In 1975, James Dean Walker (Plaintiff) escaped from an Arkansas prison and remained at large until his capture in California four years later. Thereafter, the Governor of Arkansas requested that Plaintiff be extradited back to Arkansas to stand trial. The Governor of California complied and issued a warrant of arrest and rendition. Pacileo (Defendant), the Sheriff of El Dorado County, California, served Plaintiff with the arrest warrant. Plaintiff challenged the issuance of the warrant in both state and federal courts. The Supreme Court of California issued a writ of habeas corpus for Plaintiff and instructed the El Dorado County Superior Court to “conduct hearings to determine if the penitentiary in which Arkansas seeks to confine [Plaintiff] is presently operating in conformance with the Eighth Amendment of the United States Constitution and thereafter to decide the petition on its merits.” Defendant appealed and the U.S. Supreme Court granted certiorari to review.
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