No. 18-6638

Israel C. Isbell v. Steven Merlak, Warden

Lower Court: Sixth Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure comity custody-transfer due-process inmate-rights inmate-transfer jurisdictional-comity presumption-of-intent primary-custody primary-jurisdiction sentencing-rights sovereign-intent sovereign-jurisdiction transfer-of-custody waiver-intent
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (AI Summary)

At what point is a sovereign's intent to waive primary jurisdiction assessed, and how is that intent assessed?

Question Presented (OCR Extract)

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

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-15
Waiver of right of respondent UNITED STATES to respond filed.
2018-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Israel Isbell
Israel Carl Isbell — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent