No. 21-5067

Lonnie Ray Wiseman v. Patti Wachtendorf, Warden, et al.

Lower Court: Eighth Circuit
Docketed: 2021-07-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-court-procedure complex-legal-issues counsel-appointment custody-transfer federal-custody habeas-corpus legal-representation primary-jurisdiction writ-of-custody writ-of-habeas-corpus
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Eighth Circuit erred in refusing to order the government to produce a writ of habeas corpus ad prosequendum

Question Presented (OCR Extract)

QUESTIONS PRESENTED () Whether the Eighth Circuit erred in refusing to order the government to produce a writ of habeas corpus ad prosequendum—as the Tenth Circuit did in similar circumstances—when the government represented a writ existed, but did not provide the document to the court, and the existence of a writ is the most important factor in the question of primary jurisdiction? (2) Whether the State of Arkansas waived primary custody by transferring an individual to federal custody without a writ of habeas corpus ad prosequendum, or alternatively, if a writ was issued, by allowing an individual to be “on loan” for several years? (8) Whether the failure to appoint counsel before the district court in a case involving complex legal issues regarding primary custody and a complicated, unclear factual record requires reversal?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-14
Waiver of right of respondent Patti Wachendorf, et al. to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Lonnie Ray Wiseman
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
Patti Wachendorf, et al.
Brian H. FletcherActing Solicitor General, Respondent