Israel C. Isbell v. Steven Merlak, Warden
DueProcess HabeasCorpus
At what point is a sovereign's intent to waive primary jurisdiction assessed, and how is that intent assessed?
QUESTIONS PRESENTED Since there is only one (1) issue to present to this Court i.e., that of primary jurisdiction and comity, all four (4) questions are related to that issue; are blocked in Argument I; and are answered seperately within the aurgument. The questions are as follows: QUESTION ONE: At what point is a sovereign's intent to waive primary jurisdiction assessed, and how is that intent assessed? QUESTION TWO: Is there a presumption of intent assigned at the moment the inmate is transferred? QUESTION THREE: After transfer of primary custody is complete, can the original sovereign reacquire primary jurisdiction by claiming mistake? QUESTION FOUR: What of the inmates rights if primary custody is transferred after the start of his sentence but prior to its completion, shouldn't that sentence be deemed to be satisfied and ueforceable? i