Supreme Court of the United States · Official docket →
John E. Hamilton v. Harold W. Clarke, Director, Virginia Department of Corrections
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-6082 · judgment June 26, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before, and down for a state or local-government respondent.
Questions presented
Under our extradition treaty with Poland, Agreement between the United States of America and the Republic of Poland on the Application of the Extradition Treaty, U.S.-Pol., July 10, 1996, T.I.A.S. No. 10-201.17, Amended June 9, 2006, Article 19, the “Rule of Specialty,” provides that an individual not be “detained, prosecuted, sentenced, or punished” by the requesting state for offenses not included in the extradition grant. The questions presented are:
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Whether an individual defendant has standing to assert a rule of specialty violation. The United States courts of appeal have been in conflict for over forty-five years: three have answered no, six yes, and three have not resolved the issue.
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Whether the rule of specialty only prohibits the requesting state from “charging” a defendant with crimes different from those for which he was extradited, as the district court found in this case, or whether it also prohibits sentencing and punishing a defendant, as the text of the treaty suggests.
Counsel of record
For petitioner
Jonathan P. Sheldon
Sheldon & Flood, PLC
For respondent
Toby Jay Heytens
Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 03 2018Petition DENIED.
- Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
- Oct 30 2018Waiver of right of respondent Harold Clarke to respond filed.
- Oct 18 2018Petition for a writ of certiorari filed. (Response due November 26, 2018)