In re Gilchrist

In In re Gilchrist (1982) 134 Cal. App. 3d 867, the petitioner had escaped from a prison work camp in Oklahoma in 1969 and fled to California. While here, Gilchrist was convicted of a new offense and, in 1971, sentenced to a federal prison in California. Gilchrist contacted Oklahoma and demanded extradition. ( Id. at p. 870.) In response, the "Oklahoma authorities released their detainer, stating 'This subject is no longer wanted by this department.' " ( Id. at p. 869.) In the years following his discharge from federal custody, Gilchrist was arrested and released three separate times on the Oklahoma warrant. However, in 1981, when Oklahoma again requested Gilchrist's extradition following an arrest, Governor Brown issued an extradition warrant. ( Id. at pp. 870-871.) The Court of Appeal rejected Gilchrist's claim that Oklahoma had waived its right to seek his extradition, notwithstanding Gilchrist's personal circumstances that suggested he had fully rehabilitated himself and that further punishment would serve no useful purposes: "Were it our decision to make, as a matter of justice and equity, we would agree with the trial court which had granted Gilchrist's petition for a writ of habeas corpus and discharged him from custody. It does not appear from the record there is any good reason for Oklahoma's current warrant and no proper penal purpose is served by incarcerating a law abiding rehabilitated citizen. However, we are not vested with such discretion in extradition proceedings." (Id. at p. 871.)