Housewright v. Lefrak, No. 14435

Docket NºNo. 14435
Citation99 Nev. 684, 669 P.2d 711
Case DateSeptember 27, 1983
CourtSupreme Court of Nevada

Page 711

669 P.2d 711
99 Nev. 684
Vernon G. HOUSEWRIGHT, Appellant,
v.
Edward Gary LEFRAK, Respondent.
No. 14435.
Supreme Court of Nevada.
Sept. 27, 1983.

[99 Nev. 685]

Page 712

Brian McKay, Atty. Gen., Carson City, and Ellen Whittemore, Deputy Atty. Gen., Las Vegas, for appellant.

Morgan D. Harris, Public Defender, and Terrence M. Jackson, Deputy Public Defender, Clark County, for respondent.

[99 Nev. 686] OPINION

PER CURIAM:

The Director of the Nevada Department of Prisons appeals from an order granting respondent's post-conviction petition for writ of habeas corpus. Respondent, serving a fifteen-year sentence for robbery, was served with a notice of three robbery charges pending against him in the Municipal Court of the City and County of San Francisco, California. Such notice constitutes a "detainer" within the meaning of the Interstate Agreement on Detainers, NRS 178.620. Respondent sought habeas corpus relief, challenging any custody occasioned by the filing of the California detainer. He argued that the detainer was invalidly issued under the rule of Director, Dep't Prisons v. Blum, 98 Nev. 40, 639 P.2d 559 (1982), because it was not issued by or with the approval of the Governor of California. The district court, following Blum, ruled the detainer invalid and granted the writ. Appellant contends that this was error. We agree.

The Interstate Agreement on Detainers ("Agreement") provides two alternative means by which a prisoner serving a sentence in one state may be temporarily transferred to the custody of another state for disposition of criminal charges there pending. When a detainer is filed against a prisoner, he or she is thereby notified of the out-of-state charges and may voluntarily request temporary transfer under Article III of the Agreement. In the alternative, once a detainer has been filed the state seeking custody may file a "request for temporary custody" and obtain involuntary transfer of the prisoner. All procedural safeguards provided by the Uniform Criminal Extradition Act, NRS 179.177 et seq., are preserved to a prisoner subject to the Agreement, save those safeguards eliminated by the Agreement's express terms. Cuyler v. Adams, 449 U.S. 433, 101 S.Ct. 703, 66 L.Ed.2d 641 (1981). By the express terms of the Agreement, an Article III request is "deemed to be a waiver of extradition with respect to any charge or proceeding contemplated [by] or included [in the detainer] .... [and] shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement ...." NRS 178.620, Art. III, § (e).

It is undisputed that after the filing of the...

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10 practice notes
  • Vega v. EASTERN COURTYARD ASSOCIATES, No. 33932
    • United States
    • Nevada Supreme Court of Nevada
    • 13 Junio 2001
    ...was one of the class of persons for whose protection the ordinance was adopted is a question of law). 18. Barnes, 99 Nev. at 690, 669 P.2d at 711. 19. Beattie v. Thomas, 99 Nev. 579, 583, 668 P.2d 268, 271 (1983) (party is entitled to have jury instructed on its theory of the case if suffic......
  • People v. Garner, No. D009532
    • United States
    • California Court of Appeals
    • 2 Octubre 1990
    ...results in an irrevocable waiver of extradition. (See Franks v. Johnson (E.D.Mich.1975) 401 F.Supp. 669; Housewright v. Lefrak (1983) 99 Nev. 684, 669 P.2d 711.) Those cases merely point out that when an inmate makes an Article 3 request for final disposition, he necessarily, by the terms o......
  • State v. Stilling, No. 870094
    • United States
    • Supreme Court of Utah
    • 15 Febrero 1989
    ...946, 98 S.Ct. 2850, 56 L.Ed.2d 788 (1978)), cert. denied, 440 U.S. 940, 99 S.Ct. 1289, 59 L.Ed.2d 499 (1979). 3 Housewright v. Lefrak, 99 Nev. 684, 669 P.2d 711 4 A prisoner who faces untried charges upon which a detainer is based is sometimes regarded as an escape risk. He or she might fac......
  • Echeverria v. State, No. 38691
    • United States
    • Nevada Supreme Court of Nevada
    • 12 Febrero 2003
    ...94, 807 P.2d at 727; Wolf v. State, 106 Nev. 426, 428, 794 P.2d 721, 723 (1990); Van Buskirk, 102 Nev. at 244, 720 P.2d at 1217; Kluttz, 99 Nev. at 684, 669 P.2d at 246; Riley, 89 Nev. at 514, 515 P.2d at 9. The Honorable Cliff Young, Senior Justice, having participated in the oral argument......
  • Request a trial to view additional results
10 cases
  • Vega v. EASTERN COURTYARD ASSOCIATES, No. 33932
    • United States
    • Nevada Supreme Court of Nevada
    • 13 Junio 2001
    ...was one of the class of persons for whose protection the ordinance was adopted is a question of law). 18. Barnes, 99 Nev. at 690, 669 P.2d at 711. 19. Beattie v. Thomas, 99 Nev. 579, 583, 668 P.2d 268, 271 (1983) (party is entitled to have jury instructed on its theory of the case if suffic......
  • People v. Garner, No. D009532
    • United States
    • California Court of Appeals
    • 2 Octubre 1990
    ...results in an irrevocable waiver of extradition. (See Franks v. Johnson (E.D.Mich.1975) 401 F.Supp. 669; Housewright v. Lefrak (1983) 99 Nev. 684, 669 P.2d 711.) Those cases merely point out that when an inmate makes an Article 3 request for final disposition, he necessarily, by the terms o......
  • State v. Stilling, No. 870094
    • United States
    • Supreme Court of Utah
    • 15 Febrero 1989
    ...946, 98 S.Ct. 2850, 56 L.Ed.2d 788 (1978)), cert. denied, 440 U.S. 940, 99 S.Ct. 1289, 59 L.Ed.2d 499 (1979). 3 Housewright v. Lefrak, 99 Nev. 684, 669 P.2d 711 4 A prisoner who faces untried charges upon which a detainer is based is sometimes regarded as an escape risk. He or she might fac......
  • Echeverria v. State, No. 38691
    • United States
    • Nevada Supreme Court of Nevada
    • 12 Febrero 2003
    ...94, 807 P.2d at 727; Wolf v. State, 106 Nev. 426, 428, 794 P.2d 721, 723 (1990); Van Buskirk, 102 Nev. at 244, 720 P.2d at 1217; Kluttz, 99 Nev. at 684, 669 P.2d at 246; Riley, 89 Nev. at 514, 515 P.2d at 9. The Honorable Cliff Young, Senior Justice, having participated in the oral argument......
  • Request a trial to view additional results

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