Pethtel v. Ballard
Brief Details
- Case No.: 10-8178
- Brief Filed: January 26, 2011
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below 617 F.3d 299 (4th Cir. 2010).
Argument(s)
Federal courts disagree whether the “anti-shuttling” provision, or even any provision, of the Interstate Agreement on Detainers (IAD) is subject to habeas corpus review. The Constitution charges the federal government with enforcement of interstate compacts such as the IAD. Federal habeasreview is appropriate because it is the only meaningful mechanism by which the IAD can be enforced against unwilling states and the only reasonable remedy for a criminal defendant whose rights under the IAD have been violated.
Author(s)
Jeffrey T. Green, Bryson Bachman and William Doolittle, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwestern Univ. Supreme Court Practicum, Chicago, Ill.
