STATE OF FLORIDA EX REL. KENNETH G. BURNSTINE, APPELLANT,
v.
E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed an order that denied a writ of habeas corpus, finding that the rendition warrant was deficient because it did not accurately reflect the crime charged in the annexed papers. The court held that this deficiency meant the warrant failed to provide adequate notice to the appellant.
Yes, the rendition warrant was deficient because it was not supported by the annexed papers, which failed to accurately inform the appellant of the crime with which he was charged. This deficiency rendered the warrant invalid.
“The rendition warrant was not supported by the annexed papers and was therefore deficient in that it failed to place the appellant on notice of the crime with which he was charged.”
Establishes the primary reason for the warrant's deficiency.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant sought review of an order that discharged a writ of habeas corpus and remanded him to custody based on a Governor's Rendition Warrant. T…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Notice Of Charges cases and more on FLexlaw
The appellant seeks review of an order discharging a writ of habeas corpus and remanding him to custody on a Governor’s Rendition Warrant. We reverse.
The rendition warrant recites that the demanding jurisdiction charges the appellant with having committed the crime of grand larceny against its law. The papers annexed thereto and served upon the appellant indicate that the crime charged was other than grand larceny. The rendition warrant was not supported by the annexed papers and was therefore deficient in that it failed to place the appellant on notice of the crime with which he was charged. See: State v. Chase, 91 Fla. 413, 107 So. 541; Kelly v. State ex rel. Rosenthal, Fla.App. 1963, 149 So.2d 85.
The order here under review is hereby reversed with directions to discharge the appellant-relator.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel v. Chase, 91 Fla. 413 (Fla. 1926)
- Kelly v. State of Fla. ex rel. Frank Larry Rosenthal, 149 So. 2d 85 (Fla. 3d DCA 1963)