U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Pethtel v. Ballard, 09-6075

Pethtel v. Ballard, 09-6075, involved a defendant's request for habeas relief from his convictions for sexual assault, filming a minor, burglary, and other various crimes, claiming that the 'anti-shuttling' provision of the Interstate Agreement on Detainers Act (IADA) was violated when he was transferred to West Virginia and then back to Ohio, before his West Virginia case was finished.  In affirming the district court's denial of defendant's petition, the court held that a violation of the trial before return provision of the IADA is not cognizable on habeas review.  The court further held that defendant has waived his due process claim.

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