Opinion · Court of Appeals for the Ninth Circuit

Lawrence Frederick Carlson v. Tany S. Hong, Attorney General, State of Hawaii

Lawrence Frederick Carlson v. Tany S. Hong, Att’y Gen., State of Haw., 707 F.2d 367 (9th Cir. 1983)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1983-04-18
Topic
bankruptcy

PER CURIAM: The district court, 545 F.Supp. 352, ruled that a state prisoner is not entitled to section 2254 relief for a violation of article IV(e) of the Interstate Agreement on Detainers Act. To be cognizable under section 2254, an error must be “ ‘a fundamental defect which inherently results in a complete miscarriage of justice,’ ” and it must present “ ‘exceptional circumstances where the need for the remedy afforded by the writ of habeas corpus is apparent.’ ” Davis v. United States, 417 U.S. 333, 346, 94 S.Ct. 2298, 2305, 41 L.Ed.2d 109 (1974), quoting Hill v. United States, 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962). We have held that an article IV(e) violation does not rise to the required level of seriousness.

Citator

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