CAROLYN F. ABEL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM G. ABEL, DECEASED, APPELLANT,

v.

THE UNITED STATES OF AMERICA, APPELLEE

Citator

Cited By

• State v. Valdes, 443 So. 2d 302 (Fla. 3d DCA 1983)
  …missed all charges against Valdes as a sanction for the state’s failure to produce the witnesses. It is well established that it is not the responsibility of the prosecution to produce the state’s witnesses for depositions. Turiano v. Butterworth, 416 So. 2d 1261 (Fla. 4th DCA 1982); State v. Adderly, 411 So. 2d 981 (Fla. 3d DCA 1982); State v. Banks, 349 So. 2d 736 (Fla. 3d DCA 1977); State v. Roig, 305 So. 2d 836 (Fla. 3d DCA 1974). Furthermore, as this court stated in State ex rel. Gerstein v. Durant, 348…
• State v. Scoratow, 456 So. 2d 922 (Fla. 3d DCA 1984)
  …es [*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); accord Turiano v. Butterworth, 416 So. 2d 1261 (Fla. 4th DCA 1982); Bonazzo v. Michell, 221 So. 2d 186 (Fla. 4th DCA 1969). Furthermore, where there is merely contradictory evidence on the issue of the accused’s presence in or absence from the demanding state, the court should not discharge one…
• Josey v. Drew Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985)
  …its based on personal knowledge or reciting the eviden-tiary facts supporting the conclusions stated therein. E.g., State v. Scoratow, 456 So. 2d 922 (Fla. 3d DCA 1984); Bonazzo v. Michell, 221 So. 2d 186 (Fla. 4th DCA 1969); Turiano v. Butterworth, 416 So. 2d 1261 (Fla. 4th DCA 1982); State v. Starr, 65 So. 2d 67 (Fla.1953). We agree, therefore, that affidavits are admissible to create evi-dentiary conflict in habeas corpus proceedings challenging extradition, but conclude that such affidavits, in order to be…

Authorities Cited

• United States v. Summerlin, 310 U.S. 414 (U.S. 1940)
• United States v. Embrey, 145 Fla. 277 (Fla. 1940)