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COMMONWEALTH PENNSYLVANIA EX REL. LEWIS QUACKENBUSH v. THOMAS FAIRCHILD (10/16/81)

filed: October 16, 1981.

COMMONWEALTH OF PENNSYLVANIA EX REL. LEWIS QUACKENBUSH
v.
THOMAS FAIRCHILD, WARDEN OF THE BRADFORD COUNTY JAIL. APPEAL OF LEWIS QUACKENBUSH



No. 415 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Civil Action, Law, of Bradford County, Nos. 80-5663 and 79-5334.

COUNSEL

Stuart M. Golant, Towanda, for appellant.

Jon Scot Chadwick, Towanda, for appellee.

Spaeth, Hester and Cavanaugh, JJ. Hester, J., files dissenting opinion.

Author: Cavanaugh

[ 291 Pa. Super. Page 359]

This is an appeal from an order denying a petition for a writ of habeas corpus in an extradition proceeding and ordering that appellant be delivered to the appropriate officials of New York State. We affirm.

On November 5, 1979, appellant was arrested by the Pennsylvania State Police and charged with rape, involuntary deviate sexual intercourse, indecent assault and terroristic threats; thereafter, in lieu of bail, appellant was committed to Bradford County Jail.

Subsequently, a detainer was lodged against appellant by authorities from Chemung County, New York.

On December 19, 1979, the charges pending against appellant in Pennsylvania were dropped. Appellant was not immediately released, thus defense counsel filed a petition for a writ of habeas corpus on December 20, 1979. However, before a hearing on the petition could take place, appellant was arraigned before a district magistrate on a fugitive warrant based on the detainer filed previously by New York officials.

On December 21, 1979, after a hearing on the habeas corpus petition, appellant was recommitted to Bradford County Jail to await extradition. However, no term of commitment was specified by the issuing authority.

On February 7, 1980, appellant filed a petition for a writ of habeas corpus demanding release, since 30 days had passed and no arrest had been effected by a Governor's warrant pursuant to extradition proceedings.

On February 8, 1980, a Pennsylvania Governor's warrant and extradition papers from New York state ...


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