Lamont Hudson v. John Moran, Sheriff, Clark County, Nevada Brian McKay Attorney General, State of Nevada

Appellant, a state prisoner, appeals the district court’s order denying his petition for writ of habeas corpus. Appellant challenges his extradition from California to Nevada and contends that Nevada officials are holding him in violation of Nevada law. We affirm.

FACTS

On April 24, 1980, appellant Lamont Hudson (“Hudson”) was arrested in Nevada for possession and sale of a controlled substance. A criminal complaint was filed on May 2, 1980, and Hudson was held to answer on July 8. He entered a plea of not guilty, and continued on bail pending trial on October 13. He failed to appear for calendar call on October 8. A new trial date of December 8, 1980 was set but subsequently vacated when Hudson’s attorney withdrew.

Trial dates in February and May 1981 were vacated because of Hudson’s incarceration in California for another felony conviction. On August 26, 1981, a Nevada bench warrant was issued for Hudson’s arrest.

On October 1, 1981, the Clark County District Attorney sent a request for temporary custody to the California Correctional Center at Susanville. On January 28, 1982, the California Correctional Center offered to deliver temporary custody of Hudson. Hudson filed a…