"Chafee granted full-party status in Pleau appeal," is the title of Katie Mulvaney's report in today's Providence Journal.
A three-judge panel of the 1st U.S. Circuit Court of Appeals on Monday granted Governor Chafee’s bid to become a full party in an accused murderer’s appeal of a court order demanding that the state surrender him to federal custody.
Judges Juan R. Torruella, O. Rogeriee Thompson and Michael Boudin issued an order allowing Chafee to enter Jason Wayne Pleau’s appeal with no explanation.
U.S. Attorney Peter F. Neronha’s office had moved Friday to block Chafee from becoming a party, arguing the request came too late in the game, particularly since the governor did not try to intervene in lower court proceedings.
The three judges heard arguments Thursday in Pleau’s appeal of a U.S. District Court order that Chafee must turn Pleau over to federal authorities to face trial, and potentially the death penalty, for the September murder and robbery of gas station manager David D. Main outside a Woonsocket bank.
Claire Richards, Chafee’s chief counsel, told the court that prosecutors had chosen to seek custody of Pleau under a law that governs the transfer of inmates between states. Once they invoked that agreement, they must abide by all its terms, including a provision that a governor has the authority to deny a request for custody, she said.
The government cannot, Richards said, seek a court order as an alternative means to get Pleau when it dislikes Chafee’s response, as prosecutors have done in this case.
The AP filing is, "Appellate panel says Chafee may join appeal in custody battle over RI murder suspect," via the Republic.
A three-judge panel of the 1st U.S. Circuit Court of Appeals says Gov. Lincoln Chafee may join the appeal in a custody battle over a Rhode Island murder suspect who could face the death penalty on a federal charge.
Chafee had been seeking a more prominent role in the legal tug-of-war over Jason Pleau (plew), who's accused of murdering a gas station manager outside a bank last year.
And:
Chafee, who opposes the death penalty, wants to keep Pleau in state custody. Pleau has agreed to plead guilty to state murder charges and serve life in prison without parole.
Earlier coverage of the state federal jurisdictional dispute begins at the link.
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