In Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973), the petitioner, an escaped Kentucky prisoner being held in an Alabama prison, sought to challenge his Kentucky conviction through a habeas petition brought in the Eastern District of Kentucky. The Court noted that in circumstances where the custodian state was merely acting as the agent for the demanding state and had no interest in the resolution of the habeas dispute, jurisdiction properly existed in the demanding state pursuant to 28 U.S.C. Sec. 2241. Braden, 410 U.S. at 498-99, 93 S.Ct. at 1131-32. In Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973), the Supreme Court held that habeas was available on the question of a denial of a speedy trial even though state remedies had not been exhausted. In that case, to insist that the issue in question be litigated as a defense in the upcoming trial could be tantamount to denying the prisoner the protection he sought. In Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973), the Supreme Court ruled only that a prisoner incarcerated in an Alabama state prison could challenge in a Kentucky federal court the validity of an interstate detainer by Kentucky authorities. The prisoner in Braden was in the custody of two separate authorities simultaneously. The Supreme Court expressly found that the detainer lodged against the prisoner satisfied the "in custody" requirement of the statute. 410 U.S. at 488, 93 S.Ct. at 1126. Moreover, the Court noted that the prisoner was permitted to attack that custody before it was perfected in the form of incarceration by the Kentucky authorities. Id. at 488-89, 93 S.Ct. at 1126 (citing Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426 (1968)).