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50 Ohio St. 2d 168

Helm v. Jago

Ohio Supreme Court

Decided June 15, 1977

Ohio Supreme Court · decided 1977-06-15

Key passage — most relied on by later courts

“[t]he release of an accused by one sovereignty to another, so that the receiving sovereignty may enforce its criminal laws against him, does not constitute a waiver of jurisdiction over the accused, nor does it estop the releasing state from subsequently either enforcing a previously imposed sentence or subjecting the accused to further criminal proceedings.”

quoted by 2 later decisions, including Dean v. Marquis (Slip Opinion), 550 F. Supp. 843 - Tims v. SHERIFF OF CLARK COUNTY, SPRINGFIELD

Relies on 6 Ohio St. 2d 202 - Whitaker v. Maxwell

Good law ✅— No negative treatment on recordhow we know

Decided 1977-06-15

How this case has been cited

Cited by 9 later decisions — most recently March 2019

4 state decisions

4019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1This case is before the court on an appeal as of right from the dismissal of a petition for a writ of habeas corpus by the Court of Appeals. Appellant challenges the legality of his confinement at the Southern Ohio Correctional Institute because the state is without jurisdiction over his person.

¶2The appellant states that he was sentenced in Montgomery County in April 1969, to a term of 10 to 25 years. While serving his sentence, he escaped on March 25, 1970. On May 21, 1971, appellant was indicted for an armed robbery occurring in Dayton, Ohio, on March 1, 1971. On March 4, 1972, he was arrested on the armed robbery charges. On that same date, Appellant was extradited to the state of Kentucky where, on May 10, 1972, he was convicted and sentenced for yet another armed robbery. On November 11, 1973, he escaped from the Kentucky confinement. He was arrested in Ohio in December 1973, and again extradited to Kentucky. Appellant was thereafter returned to Ohio where he is currently serving the remainder of his original sentence and the sentence imposed after a conviction for the Dayton armed robbery.

¶3Appellant argues that because of the then pending charge against him and his uncompleted sentence on his first conviction, the state of Ohio, in allowing extradition *169to Kentucky, waived further jurisdiction to proceed against him.

¶4The release of an accused by one sovereignty to another, so that the receiving sovereignty may enforce its criminal laws against him, does not constitute a waiver of jurisdiction over the accused, nor does it estop the releasing state from subsequently either enforcing a previously imposed sentence or subjecting the accused to further criminal proceedings. Murphy v. Maxwell (1964), 176 Ohio St. 297, 199 N. E. 2d 597; Guerrieri v. Maxwell (1962), 174 Ohio St. 40, 186 N. E. 2d 614; Heston v. Green (1963), 174 Ohio St. 291, 189 N. E. 2d 86; Tomkalski v. Maxwell (1963), 175 Ohio St. 377, 194 N. E. 2d 845; Whitaker v. Maxwell (1966), 6 Ohio St. 2d 202, 217 N. E. 2d 223.

¶5The judgment of the Court of Appeals is, therefore, affirmed.

¶6Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Browit. P. BrowN, SweeNey and Locher, JJ., concur.
/50/ohiost2d/168 · .json · Public domain