No. 24-6920

Bobby B. Kirkendoll v. Warden

Lower Court: Fifth Circuit
Docketed: 2025-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process extraordinary-circumstances habeas-corpus interstate-agreement-detainers-act non-party-state temporary-custody
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-05-02
Question Presented (AI Summary)

Whether the Interstate Agreement Detainers Act (IAD) provides an exception clause under V(g) for due process protections for a petitioner awaiting trial in a non-party state

Question Presented (OCR Extract)

WHETHER THE INTERSTATE AGREEMENT DETAINERS ACT (IAD) 18 U.S.C. App § 2 PROVIDES AN EXCEPTION CLAUSE UNDER V(g) PROVIDING DUE PROCESS PROTECTIONS FOR PETITIONER WHO WAS AWAITING TRIAL PROCEEDINGS IN A SENDING STATE THAT DID NOT ADOPT THE IAD, CAUSING THE UNITED STATES TO VIOLATE IAD AND PETITIONER'S DUE PROCESS? 1. Whether V(g) of the Interstate Agreement Detainers Act IAD, 18 U.S.C. § App is an exception clause for all Non-Party States , which provides Due Process Protections for a Petitioner who is awaiting trial proceedings in the Non-Party State. As the United States is bound by the IAD in its entirety, including V(g), would the United States have subsequently violated the IAD and the Petitioner's Due Process 2.If the Federal Government can only use U.S.C. 2241(c)(5) for temp, purposes with Louisiana does it trigger IAD Art V(g) and must follow its provision or should it wait until Louisiana completes its first, and if not, what was its extraordinary circumstances? Did it violate the Petitioner's Due Process by not sending the Petitioner back prior to its disposition and sentencing?process 3.If Louisiana can be a Sending State to the U.S. Government, who is a party to the IAD, does that mean V(g) is applicable? 4. Was Louisiana considered as a"Sending State" for the purpose of IAD Art. V(g)? i 5. Does the failure to Louisiana to adopt the IAD allow the Federal Government to be able to use its discretion to issue "the Writ of Habeas Corpus" under extraordinary circumstances with it should not be exercised otherwise except for a Petitioner ’s special showing ... ; Under IAD temporary custody is it the same as 2241(c)(5) when used by the U.S. according to "Mauro"? ii

Docket Entries

2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-15
Waiver of Warden of right to respond submitted.
2025-04-15
Waiver of right of respondent Warden to respond filed.
2025-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2025)

Attorneys

Bobby Kirkendoll
Bobby B. Kirkendoll — Petitioner
Warden
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent