State ex rel. Thomas v. Richard (Slip Opinion), 149 Ohio St. 3d 712

In 2007 Winston Thomas was indicted in Warren County, Ohio on two felony drug charges but fled the jurisdiction and later was convicted on federal drug charges in Pennsylvania.
In 2012 Thomas was transferred (extradited) from Pennsylvania to Warren County to face the Ohio indictment; he moved to dismiss the indictment claiming violation of the Interstate Agreement on Detainers (IAD) and alleging a defective extradition procedure (no governor’s warrant submitted to Pennsylvania court).
The trial court denied Thomas’s pretrial motion to dismiss; Thomas was tried, convicted, and sentenced to six years in prison.
In 2016 Thomas filed a habeas corpus petition in the Twelfth District Court of Appeals arguing Ohio lacked jurisdiction because the extradition was defective; the warden moved to dismiss for failure to state a claim.
The court of appeals dismissed the petition for failure to state a claim; Thomas appealed to the Ohio Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a defective extradition (lack of governor’s warrant) deprives Ohio courts of jurisdiction and supports habeas relief	Thomas: Extradition was defective because Ohio did not submit a governor’s warrant to Pennsylvania, so Ohio lacks jurisdiction	Warden: Even if extradition was defective, jurisdiction and trial are not defeated by irregular or illegal extradition; habeas is not the remedy	Held: Illegal or irregular extradition does not state a claim in habeas corpus and does not void the conviction; petition dismissed

Tomkalski v. Maxwell, 175 Ohio St. 377 (recognizing that jurisdiction to try a person is not impaired by illegal or irregular extradition)
Smith v. Jago, 58 Ohio St.2d 298 (holding that a claim of illegal extradition does not state a claim in habeas corpus)