Castellano on United States v. Pleau: En Banc First Circuit Rejects State's Attempt to Deny Production of Defendant for Prosecution on Federal Charges That May Carry the Death Penalty (PDF)
In United States v. Pleau, the en banc First Circuit rejected a governor's attempt to block the turnover of a prisoner for a trial on federal death penalty charges. In so doing, the court strengthened the Supremacy Clause and undermined provisions of the Interstate Agreement on Detainers.
Availability: In Stock
Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 6 Pages
In United States v. Pleau, the en banc First Circuit rejected a governor's attempt to block the turnover of a prisoner for a trial on federal death penalty charges.In so doing, the court strengthened the Supremacy Clause and undermined provisions of the Interstate Agreement on Detainers.In this EIA, John M. Castellano, a 28 year-veteran of criminal practice, discusses both the legal and practical implications of the court's ruling.
John M. Castellano is Deputy Executive for the Legal Affairs Division in the District Attorney’s Office in Queens, New York, where he has been in charge of the Appeals Bureau for more than 15 years. In that capacity, he has supervised thousands of criminal cases prosecuted at every level of state and federal court. He has personally briefed, edited, or argued over 80 habeas corpus cases in the United States Court of Appeals for the Second Circuit and has argued before the Supreme Court of the United States. The New York State District Attorney’s Association named him Appellate Prosecutor of the Year in 2005. He has also written for the treatise Criminal Law Advocacy, published by LexisNexis, and is General Editor of the Practice Insights for the New York Penal Law and Criminal Procedure Law published by LexisNexis. The views expressed in this commentary are solely his own.
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