KEAR v. HILTON

No. 82-6466.

699 F.2d 181 (1983)

Daniel J. KEAR, Appellant, v. Ivan HILTON, U.S. Marshal, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1983.


Attorney(s) appearing for the Case

J. Flowers Mark, Alexandria, Va. (William B. Moffitt, Mark & Moffitt, P.C., Alexandria, Va., Robert C. Watson, Melinda Douglas, Washington, D.C., on brief), for appellant.

Leonie M. Brinkema, Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Murray R. Stein, Associate Director, Office of Intern. Affairs, Rex Young, Trial Atty., U.S. Dept. of Justice, Washington, D.C., on brief), for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and MICHAEL, District Judge.


MURNAGHAN, Circuit Judge:

Again we confront an example of the old adage that two wrongs do not make a right. We do so in the context of a petition for a writ of habeas corpus seeking to prevent extradition of Daniel J. Kear to Canada to face a criminal charge of kidnapping.

Sidney L. Jaffe was a bail jumper. A professional bonding company was the surety under bonds in the aggregate penal amount of $137,500, given to insure his appearance to answer to...

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