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PACILEO V. WALKER, 449 U. S. 86 (1980)

U.S. Supreme Court

Pacileo v. Walker, 449 U.S. 86 (1980)

Pacileo v. Walker

No. 79-2040

Decided December 8, 1980

449 U.S. 86


Respondent, who had escaped from the Arkansas Department of Corrections, was apprehended in California and was served with a warrant of arrest and rendition issued by the Governor of California pursuant to the Governor of Arkansas' request for extradition. Respondent thereafter challenged the issuance of the warrant in both state and federal courts. Ultimately, the California Supreme Court issued a writ of habeas corpus directing a California trial court to conduct an inquiry as to whether the Arkansas penitentiary in which respondent would be confined was presently operated in conformance with the Eighth Amendment of the Federal Constitution.

Held: The Extradition Clause, Art. IV, § 2, cl. 2, and its implementing statute, 18 U.S.C. § 3182, do not give the courts of the "asylum" or "sending" State authority to inquire into the prison conditions of the "demanding" State. Once the Governor of California issued the warrant, claims as to constitutional defects in the Arkansas penal system should be heard in the courts of Arkansas, not those of California.

Certiorari granted; reversed and remanded.

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