ROBERT G. MOORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-12-15
No. 80-1428
Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.
407 So. 2d 991 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 15 cases

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Holding

The court held that a prior extradition proceeding does not bar a second one, and the alleged misrepresentation in the requisition warrant was not a jurisdictional defect.


Headnotes

[1] A prior unsuccessful extradition proceeding does not bar a subsequent extradition proceeding for the same offense.

[2] The scope of judicial review in a habeas corpus proceeding challenging extradition is limited to determining whether the jurisdictional prerequisites for the issuance of…

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Facts & Procedural History

Appellant sought habeas corpus in a second extradition proceeding, alleging a material misrepresentation in the requisition warrant. The trial court d…

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Opinion of the Court
NESBITT, Judge.

NESBITT, Judge.

This is an appeal from a final order discharging a writ of habeas corpus and quashing the amended petition therefor and remanding the appellant to the custody of the State of Florida to abide extradition.

This is the second successive extradition proceeding involving the appellant. In a prior extradition proceeding, the appellant sought a writ of habeas corpus in the circuit court and following the discharge of the writ and quash of the petition, he perfected an appeal to this court. During the pendency of that appeal, the rendition warrant for the appellant’s arrest was recalled by the Governor of Florida, pursuant to Section 941.21, Florida Statutes (1979), based upon the underlying withdrawal of the requisition warrant by the Governor of Connecticut. As a result, the first appeal was dismissed as moot. Moore v. State, 384 So. 2d 1385 (Fla. 3d DCA 1980).

A second requisition warrant was issued by the Governor of Connecticut and the Governor of Florida again issued a rendition warrant to abide appellant’s extradition to the Governor of Connecticut. The . appellant applied to the circuit court for a writ of habeas corpus which was issued. Prior to the return date, he filed an amended petition. After hearing, the trial court denied the petition for writ of habeas corpus and discharged the writ of habeas corpus previously issued. This appeal followed.

The requisition warrant which was relied upon for the rendition warrant contained a sworn application which read in part:

No other application has been made, nor has any other requisition been issued for this person, growing out of the transaction set out in the present complaint.

The appellant contends that the trial court erred in discharging the writ of habeas corpus because that statement was a material misrepresentation of fact or one that was made with reckless disregard of the truth. We do not agree.

First, it is clear that the release of a person on extradition proceedings under the present circumstances is not a bar to a second extradition proceeding. See, Bassing v. Cady, 208 U.S. 386, 28 S.Ct. 392, 52 L.Ed. 540 (1908); Kurtz v. State, 22 Fla. 36 (1886).

When extradition is sought, a written demand is filed in accordance with Section 941.03, Florida Statutes (1979). The governor examines the demand to see that it contains the allegations required by Section 941.03, supra. Upon determining that the demand should be honored, the governor issues a warrant of arrest. A fugitive who opposes extradition may seek a writ of habeas corpus. § 941.10, Fla.Stat. (1979). Our scope of review of a habeas corpus proceeding is exceedingly narrow.1 The role of the judiciary in habeas corpus proceedings is limited to a determination that the jurisdictional prerequisites to the issuance of his warrant exist. These are (a) the extradition documents on their face are in order; (b) the petitioner has been charged with a crime in the demanding state; (c) the petitioner is the person named in the request for extradition; and (d) the petitioner is a fugitive. Michigan v. Doran, 439 U.S. 282, 289, 99 S.Ct. 530, 535, 58 L.Ed.2d 521, 527 (1978); Fauls v. Sheriff of Leon County, 394 So. 2d 117, 118 (Fla.1981).

In the present case, no challenge has been made to any of these four requirements. The alleged material misrepresentation, of which the appellant complains, does not relate to any allegations required under Section 941.03, Florida Statutes (1979). Since the executive warrant was regular on its face and complied with the essential requirements, it constitutes evidence of the facts therein stated and of the authority of the officer to arrest and detain the petitioner. State ex rel. Huston v. Clark, 121 Fla. 161, 163 So. 471 (1935); State ex rel. Sklaroff v. Purdy, 219 So. 2d 723 (Fla.3d DCA 1969). Consequently, when the jurisdictional requirements were met, a prima facie case of regularity of extradition was established. State v. Gale, 312 So. 2d 824 (Fla.4th DCA 1975), cert. denied, 327 So. 2d 32 (Fla.1976). No evidence was presented by the petitioner to rebut the jurisdictional basis of the proceedings and therefore he failed to overcome the state’s prima facie showing of the propriety of extradition. State ex rel. Sklaroff v. Purdy, supra.

For the foregoing reasons, we affirm.

. The appellant urges that the governor of the rendition state has the authority under Section 941.04, Florida Statutes (1979) to make an investigation into a case. We do not reach that argument because our only concern here is with the permissible scope of this court’s inquiry on review of a habeas corpus proceeding.


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Cited By

  • Wheaton v. State, 420 So. 2d 604 (Fla. 3d DCA 1982)
    …e of a rendition warrant is limited. Nonetheless, as limited as our role is, it includes our right to determine whether the extradition documents on their face are in order. Fauls v. Sheriff of Leon County, 394 So. 2d 117 (Fla.1981); Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981). [*606] Here the document which purported to authenticate the December 1980 indictment under which extradition was requested in fact authenticated an earlier indictment as to which an extradition request had been refused. Thus, th…
  • State v. Scoratow, 456 So. 2d 922 (Fla. 3d DCA 1984)
    …at an executive warrant which is regular on its face and which complies with the essential statutory requirements1 establishes a pri-ma facie showing of the propriety of extradition. State v. Diaz, 440 So. 2d 1318 (Fla. 3d DCA 1983); Moore v. State, 407 So. 2d 991, 992 (Pla. 3d DCA 1981), and cases [*923] cited therein. The burden is on the accused, in habeas corpus proceedings such as this one, to “overthrow conclusively the presumption against him.” State ex rel. Kimbro v. Starr, 65 So. 2d 67, 68 (Fla.1953)…
  • Carter v. Coleman, 443 So. 2d 491 (Fla. 2d DCA 1984)
    …ond which it had issued therein. Such a discharge from bond or custody does not mean dismissal of all extradition proceedings. Thus, appellant’s rearrest on a valid Governor’s warrant issued after such discharge is not barred. Orton; Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981). Therefore, we conclude that in the circumstances of this case the trial court was correct in denying appellant’s petition for writ of habeas corpus. AFFIRMED. OTT, C.J., and SCHEB, J., concur.…

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