THE STATE OF FLORIDA, APPELLANT,
v.
ANDRES DIAZ A/K/A ANDY DIAZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
ANDRES DIAZ A/K/A ANDY DIAZ, APPELLEE
440 So. 2d 1318
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
An executive warrant which is regular on its face and complies with the essential requirements for extradition, presents a prima facie showing of the propriety of extradition. See Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1982). We reject Diaz’ contention that the necessary documents were facially improper because they contained no express language finding probable cause. The warrant signed by the superior court judge, however, sufficiently established probable cause for extradition. State v. Norman, 362 So. 2d 467 (Fla. 1st DCA 1978).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Scoratow, 456 So. 2d 922 (Fla. 3d DCA 1984)…find error and reverse. The law is well settled that 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 e…
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Meleah E. France v. Grady Judd, 932 So. 2d 1263 (Fla. 2d DCA 2006)…at there has been a judicial determination of probable cause to believe that the accused committed the crime for which she is wanted or that she has been convicted of it. See, e.g., Shapiro v. State, 456 So. 2d 968 (Fla. 2d DOA 1984); State v. Diaz, 440 So. 2d 1318 (Fla. 3d DCA 1983); Chesser v. [*1265] Dougherty, 417 So. 2d 1164 (Fla. 1st DCA 1982). If the asylum state governor determines that the demand is in order and should be honored, he must issue a warrant for the arrest of the fugitive. § 941.07, Fla.…
Authorities Cited
- Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981)
- State v. Norman, 362 So. 2d 467 (Fla. 1st DCA 1978)