Mathes v. Pierpont Book Reviews

Mathes v. Pierpont by United States Court of Appeals for the Eighth Circuit Book Summary

Appellant Thomas Mathes, Jr. is presently confined in the Green County, Missouri, jail. He is held under an order of commitment pursuant to a Missouri Governor's Warrant. The Governor of Missouri ordered appellant's extradition to Oklahoma, where he is sought to serve two sentences resulting from convictions in that state. Having exhausted his state remedies, appellant filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in United States District Court for the Western District of Missouri. Chief Judge Russell G. Clark denied appellant's application; he appeals that denial to this court. For the reasons set forth below, we affirm. Background In February 1966, appellant was sent to the Oklahoma State Penitentiary in McAlester, Oklahoma, to serve a ten-year term for kidnapping and three three-year terms for obtaining merchandise with bogus checks. Appellant escaped from a prison honor farm in December 1972. Appellant had completed two of the bogus check terms; he still has not served the kidnapping sentence or the remaining bogus check sentence. In March 1973, appellant was arrested, convicted, and started serving a federal sentence in Mississippi. The State of Oklahoma filed a detainer for appellant with the United States Bureau of Prisons on December 6, 1973, and subsequently released the detainer on November 7, 1974, for unexplained reasons. Appellant was paroled from federal custody on March 12, 1976. Although appellant claims that he returned to Osage County, Oklahoma, where he remained from March 1976 until April 1978, the court found that he was in Oklahoma for only eight days during that period. In any event, appellant began serving another federal sentence in October 1978. Late in 1981, Oklahoma filed another detainer with the Federal Bureau of Prisons. Appellant was paroled from his second federal sentence in June 1982. Since then, he has been held in the Greene County jail for extradition. Governors' warrants have issued and all state remedies are exhausted.

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