Application of Robinson

322 P.2d 304 (1958)

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Application of Robinson

Nevada Supreme Court
322 P.2d 304 (1958)

Facts

Robinson (petitioner) was convicted of burglary in Oregon and sentenced to five years in state prison. Two years into his five-year sentence, Robinson was granted parole and released into the custody of law enforcement officers from Lincoln County, Nebraska, for the purpose of standing trial in Nebraska for a crime he had committed in that state. Robinson was convicted in Nebraska and was sentenced to serve 20 months in the state prison. After completing his sentence in Nebraska, he was released with a balance of his Oregon sentence remaining to be served. However, unbeknownst to Robinson, the Oregon parole board revoked his parole. Robinson traveled to Nevada. Meanwhile, the Governor of Oregon completed extradition paperwork demanding Robinson’s arrest and delivery back to that state. Robinson was arrested and filed a writ of habeas corpus in Nevada state court seeking his release from custody. In his writ, Robinson argued that by delivering him to Nebraska, Oregon had waived the remaining portion of his sentence and that because he was compelled to leave Oregon under those circumstances he could not be a fugitive from justice of that state. The trial court denied Robinson’s writ and he appealed.

Rule of Law

Issue

Holding and Reasoning (Eather, J.)

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