Commonwealth ex rel. Johnson v. Johnson

Superior Court of Pennsylvania

Commonwealth ex rel. Johnson v. Johnson

292 A.2d 456, 221 Pa. Super. 304, 1972 Pa. Super. LEXIS 1521

CourtSuperior Court of Pennsylvania

DecidedJune 15, 1972

DocketAppeal, No. 145

StatusPublished

Cited by3 cases

This text of 292 A.2d 456 (Commonwealth ex rel. Johnson v. Johnson) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Johnson v. Johnson, 292 A.2d 456, 221 Pa. Super. 304, 1972 Pa. Super. LEXIS 1521 (Pa. Ct. App. 1972).

Pincite

Opinion

Per Curiam,

At the expiration of appellant’s Pennsylvania prison sentence he was continued in custody on the authority of an outstanding South Carolina detainer. He first complains that he was not taken before a magistrate with all practicable speed. The record shows, however, [306]*306that he was given a hearing within one week after final approval of his parole plan. Cf. Commonwealth v. McCaine, 218 Pa. Superior Ct. 274, 275 A. 2d 867 (1971) (63 day delay prior to hearing). Second, appellant asserts his constitutional right to a speedy trial. This issue is beyond the limited scope of inquiry permissible in an extradition proceeding in an asylum state and, therefore, can be raised only in the demanding state.

Judgment affirmed.

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Opinion

Per Curiam,

At the expiration of appellant’s Pennsylvania prison sentence he was continued in custody on the authority of an outstanding South Carolina detainer. He first complains that he was not taken before a magistrate with all practicable speed. The record shows, however, [306]*306that he was given a hearing within one week after final approval of his parole plan. Cf. Commonwealth v. McCaine, 218 Pa. Superior Ct. 274, 275 A. 2d 867 (1971) (63 day delay prior to hearing). Second, appellant asserts his constitutional right to a speedy trial. This issue is beyond the limited scope of inquiry permissible in an extradition proceeding in an asylum state and, therefore, can be raised only in the demanding state.

Judgment affirmed.

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Bluebook (online)

292 A.2d 456, 221 Pa. Super. 304, 1972 Pa. Super. LEXIS 1521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-johnson-v-johnson-pasuperct-1972.

Opinion

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