WHITEHEAD

v.

MITCHELL, PENITENTIARY SUPERINTENDENT

Citator

Cited By (12 total)

• Josey v. Drew Galloway, 482 So. 2d 376 (Fla. 1st DCA 1985)
  …eas corpus proceedings to raise disputed factual issues. United States v. Williams, 12 F. 2d 66 (5th Cir.1926). Accord Smith v. Idaho, 373 F. 2d 149 (9th Cir.1967). See also Escobedo v. United States, 623 F. 2d 1098 (5th Cir.1980), cert. denied, 449 U.S. 1036, 101 S.Ct. 612, 66 L.Ed.2d 497 (1980), holding that hearsay evidence which recited the evidentiary facts upon which the affiant based the conclusion that the accused was present in the state when the offense was committed, is admissible in extraditi…
• Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986)
  …l), (2). United States citizenship does not bar extradition by the United States. See Charlton v. Kelly, 229 U.S. 447, 467, 33 S.Ct. 945, 952, 57 L.Ed. 1274 (1913); Escobedo v. United States, 623 F. 2d 1098,1104- [*783] 07 (5th Cir.), cert. denied, 449 U.S. 1036, 101 S.Ct. 612, 66 L.Ed.2d 497 (1980). However, under the doctrine of “dual criminality,” an accused person can be extradited only if the conduct complained of is considered criminal by the jurisprudence or under the laws of both the requesting and…

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• Martin v. Warden, Atlanta PEN, U.S. Marshall Serv., 993 F.2d 824 (11th Cir. 1993)
  …nding that there was reasonable ground to believe the accused guilty.” Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 542, 69 L.Ed. 970 (1925) (Holmes, J.); see also Escobedo v. United States, 623 F. 2d 1098, 1101 (5th Cir.), cert. denied, 449 U.S. 1036, 101 S.Ct. 612, 66 L.Ed.2d 497 (1980). Extradition ultimately remains an Executive function. After the courts have completed their limited inquiry, the Secretary of State conducts an independent review of the case to determine whether to issue a w…