JOSEPH D. GRAZIANO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Graziano, arrested on a fugitive warrant for crimes allegedly committed in New York, sought habeas corpus relief in Florida claiming he was not the person charged. The trial court found against him on the identity issue and ordered his remand for extradition. The appellate court affirmed, finding competent evidence supported the identity determination.
The court affirmed the circuit court's judgment of remand. The earlier habeas corpus judgment was res judicata and barred relitigation of the identity issue. The judgment was supported by competent substantial evidence, including fingerprint comparison, and the trial court's resolution of evidentiary conflicts was proper.
[1] A prior judgment of remand in a habeas corpus proceeding involving the same question or cause is res judicata.
[2] Identity is a permissible ground for challenging extradition through a writ of habeas corpus after the issuance of an executive rendition warrant by the governor of the a…
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Join FLexlaw to unlock all legal intelligence“The judgment of remand entered in the earlier habeas corpus proceeding filed by the petitioner in the circuit court and which involved the same question or cause, being still in force, was res judicata.”
Establishes that the earlier judgment barred relitigation of the identity issue in a subsequent habeas corpus petition
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Join FLexlaw to unlock all legal intelligenceGraziano was arrested in Dade County, Florida on a fugitive warrant based on alleged crimes committed in New York. The Governor of Florida issued an e…
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CHARLES CARROLL, Associate Judge.
The appellant was arrested in Dade County, Florida, on a fugitive warrant stemming from alleged commission by him in the State of New York of certain crimes in violation of the laws of that state. Based on a demand for his extradition, an executive warrant for rendition of the appellant for extradition to the State of New York was issued by the Governor of Florida. §§ 941.13, 941.05(2) Fla.Stat., F.S.A. Appellant filed a petition for habeas corpus in the Circuit Court of Dade County asserting as a ground for relief that he was not the person so charged in New York. A writ was issued, to which the state filed a written return and an amend ed return. Therein the state averred that the executive rendition warrant had been issued by the Governor of Florida, and issue was joined on the question of identity.1 Trial was held, and evidence on that issue was presented by the petitioner and by the respondent. A judgment of remand was entered, in which the court found against the petitioner on the issue referred to.
From that judgment the petitioner appealed (No. 74-847). Shortly thereafter he filed a petition for a writ of habeas corpus in this court (No. 74-873) based on the same cause (identity). An order was entered by this court for consolidation thereof with the appeal.
The petition for habeas corpus filed in this court must be denied. The judgment of remand entered in the earlier habeas corpus proceeding filed by the petitioner in the circuit court and which involved the same question or cause, being still in force, was res judicata. See § 79.10 Fla.Stat, F.S.A.; State ex rel. Miller v. Kelly, Fla.1956, 88 So. 2d 118.
.On the appeal (No. 74-847), we hold no reversible error has been shown. The judgment of remand which was entered in the habeas corpus proceeding in the circuit court was not shown to be without evidentiary support. There was competent substantial evidence as to the identity of the accused, by fingerprint comparison and otherwise, and the resolution of any conflicts in the evidence on the issue involved there was the province of the court. State ex rel. Kimbro v. Starr, Fla.1953, 65 So. 2d 67.
The petition for habeas corpus is denied (No. 74-873).
The circuit court judgment of remand (appeal No. 74-847) is affirmed.
. Identity is one of a limited number of grounds which may be raised by habeas corpus after the issuance of a warrant of extradition by the governor of the asylum state. See State ex rel. Huston v. Clark, 121 Fla. 161, 163 So. 471.
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Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011)…(1931). Once fully litigated, the matter is res judicata, and section 79.10, Florida Statutes, enjoins a prisoner from relitigating the issue in a different forum. State ex rel. Miller v. Kelly, 88 So. 2d 118 (Fla.1956); see also Graziano v. State, 305 So. 2d 867 (Fla. 3d DCA 1975). Reichman’s claim regarding the order of his sentences was already decided against him and affirmed on appeal. Even if he somehow believes that the plea agreement provided he would serve the state sentences immediately after the…
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State of Fla. ex rel. Harold DeGREGORY v. Purdy, 343 So. 2d 1294 (Fla. 3d DCA 1977)…PER CURIAM. Affirmed upon the rule stated in State v. Starr, 65 So. 2d 67 (Fla.1953); and Graziano v. State, 305 So. 2d 867 (Fla. 3d DCA 1975).…
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State v. Davila, 481 So. 2d 486 (Fla. 3d DCA 1985)…ppellee met his burden of overcoming the State’s prima facie case by competent proof. See Kohler. We conclude that the trial court, in applying the above legal principles to the facts of the case, reached a correct conclusion. See Graziano v. State, 305 So. 2d 867 (Fla. 3d DCA 1975) (the resolution of any conflicts in the evidence on the issue of identity is the province of the trial court). A prima facie case is one which will suffice until contradicted or overcome by other evidence. Pacific Telephone and T…
Authorities Cited
- State ex rel. Kimbro v. Starr, 65 So. 2d 67 (Fla. 1953)
- State v. Clark, 121 Fla. 161 (Fla. 1935)
- State of Fla. ex rel. Rose Miller v. Kelly, 88 So. 2d 118 (Fla. 1956)