Richard Eugene Prettyman v. Merle Karnopp

This case involves an appeal from a denial of a petition for filed by appellant in the District Court for Lancaster County. He was originally held in custody in this state on a fugitive from Justice warrant pending the instigation of extradition by the State of Iowa and the issuance of a Nebraska Governor's warrant. His petition for a writ of was filed on November 2, 1973, his principal claim being that he was entitled to release from custody pursuant to 18 U. S. C. A., § 3182. The matter was tried on November 21, 1973, at which time the court found the contention to be without merit and denied the petition for writ of . He subsequently filed a motion for new trial, which was also denied on December 17, 1973, and he thereafter perfected an appeal to this court. We affirm. By way of background, appellant was tried and convicted in the State of Iowa on February 16, 1970, for the felony offense of selling narcotic drugs. Following post-trial motions, sentencing was set for March 18, 1970; but appellant did not appear on that date. Several years later appellant was extradited by the State of Nebraska from the State of California on a charge of escape from custody and possession of marijuana. He was tried and convicted on both charges and was sentenced to 1 year on the escape from custody charge and 30 days on the charge of possession of marijuana, those sentences to run concurrently. His release date on that sentence was August 19, 1973. He was arraigned in county court on August 24, 1973, on a fugitive from Justice complaint, and on September 17, 1973, the Governor of Iowa issued a demand warrant seeking extradition of the petitioner. The following day, September 18, 1973, the Governor of the State of Nebraska issued a warrant of arrest authorizing continued incarceration of the petitioner for the purpose of complying with the demand warrant. On September 25, 1973, he was taken before the District Court for Lancaster County, where counsel was appointed and his rights were explained to him. He did not waive extradition. He was, however, given until October 5, 1973, to file a action and on October 24, 1973, he was again granted leave to file such an action, and did so on November 2, 1973. A hearing on the petition, as amended, was held on November 21, 1973, and the petition was dismissed. Hearing on a motion for ""new hearing"" was held on December 17, 1973, which motion was overruled. Subsequently he filed a motion to be admitted to bail, and that motion was also overruled. Appellant thereafter appealed to this court.