In Re Gilchrist

The Governor of Oklahoma signed and issued requisition documents on July 10, 1981, charging Robert Wallace Gilchrist had been convicted of larceny and “escape[d] prior to completion of sentence.” The Governor’s warrant was lodged against Gilchrist who has been residing in California for some time. The Governor of California issued an extradition warrant. Gilchrist petitioned for reconsideration of the California Governor’s warrant in light of a letter dated November 2, 1971, from Olkahoma authorities releasing their detainer, stating “This subject is no longer wanted by this department.” The Governor’s office refused to reconsider and Gilchrist filed his petition for writ of habeas corpus. The trial court granted the petition and discharged Gilchrist from custody. The People appeal.

Facts

On November 4, 1968, Gilchrist was convicted in the State of Oklahoma (demanding state) of the crime of joyriding and sentenced to four years imprisonment. On September 21, 1969, he walked away from the Oklahoma prison work camp. He was later arrested in California on a separate charge, convicted and sentenced to the federal correctional institute at Terminal Island. When he was…