Bailey v. Laurie
| Decision Date | 12 April 1977 |
| Docket Number | No. 77-131-M,77-131-M |
| Parties | William H. BAILEY v. William LAURIE et al. P. . Order |
| Court | Rhode Island Supreme Court |
BEVILACQUA, C.J., did not participate.
(April 18, 1977)
The State's motion to revoke the petitioner's bail is denied.
The writ of habeas corpus shall issue forthwith and this case is assigned to the calendar for Friday, April 22, 1977, at 9:30 a.m., for oral argument.
BEVILACQUA, C.J., did not participate.
This is a habeas corpus proceeding in which the petitioner, William H. Bailey, challenges his detention by the respondent warden, William Laurie.
On March 18, 1977, the Governor of the State of Michigan issued his warrant alleging that 'William H. Bailey, a/k/a William Ocean, a/k/a William Herbert Bailey, Jr.' had been charged with the crime of larceny in a building in the county of St. Clair on March 9, 1973 and that he had fled the State of Michigan and taken refuge in the State of Rhode Island.
Accompanying the warrant issued by the Governor of Michigan was an Application for Requisition and certified copies of a Complaint, a Warrant, a Criminal Information and other supporting papers. The Governor's warrant requests that Mr. Bailey be apprehended and delivered to Captain Edward Pare, a member of the Rhode Island State Police, and/or his deputy, and authorizes them to receive and convey Mr. Bailey to the State of Michigan to be there dealt with according of law.
Thereafter, on April 7, 1977, the Governor of the State of Rhode Island, acting pursuant to the provisions of G.L. 1956 (1969 Reenactment) ch. 9 of title 12, the Uniform Criminal Extradition Act, issued his rendition warrant ordering Rhode Island authorities to apprehend Mr. Bailey forthwith and deliver him to Captain Edward Pare or his deputy.
On April 11, 1977, Mr. Bailey surrendered himself to the Superior Court in Providence and, pursuant to the provisions of § 12-9-12, 1 filed a petition for habeas corpus to test the legality of his arrest and extradition to Michigan. The trial justice before whom Mr. Bailey appeared continued the matter for hearing to April 18, 1977, but denied his motion for bail pending such hearing.
On April 11, 1977, Mr. Bailey filed a petition for habeas in this court requesting that he be released on bail pending a final determination of the petition in the extradition proceeding. On April 12, 1977, after hearing arguments of counsel, we entered an order granting the petition for bail. We set bail in the amount of $5,000 with surety and directed that upon the furnishing of such bail Mr. Bailey be released from custody until further order of this court. Our order also provided that in the event of an adverse decision for Mr. Bailey in the extradition proceeding, the Attorney General might move in this court for revocation of bail. See order of April 12, 1977, supra. On the same day Mr. Bailey furnished bail and was thereupon released from custody.
On April 18, 1977, the extradition hearing was held before a justice of the Superior Court. The only witness at this hearing was one Robert H. Cleland, an assistant prosecutor for the county of St. Clair, Michigan, who was called by Mr. Bailey's counsel. At the close of his testimony, and after arguments of counsel, the trial justice denied Mr. Bailey's petition but continued the matter for 2 days to April 20, 1977, to enable Mr. Bailey an opportunity to file a new petition in this court and also to enable the Attorney General to take whatever action he considered advisable with respect to the bail.
On April 18, 1977, Mr. Bailey filed the instant petition for a writ of habeas corpus wherein he again challenges the legality of his arrest under the warrant issued by the Governor of Rhode Island. On the same day the Attorney General filed a motion requesting that Mr. Bailey's bail be revoked so that he could be remanded to the person named in the warrant for rendition to Michigan in accordance with the request of the Governor of that state. We denied the state's motion to revoke Mr. Bailey's bail but ordered the writ of habeas corpus to issue forthwith and assigned the case for hearing on April 22, 1977. See order of April 18, 1977, supra.
The petitioner argues that the requisition papers demanding his extradition are defective and/or irregular because the Governor of Michigan names a captain of the Rhode Island State Police and/or his deputy as his agent to deliver him to the Michigan authorities. The petitioner had furnished no...
To continue reading
Request your trial
-
Parks v. Bourbeau
...to implement the constitutional requirements of art. IV and to set forth procedures to be followed in this area. Bailey v. Laurie, 118 R.I. 184, 373 A.2d 482 (1977). "It is the constitutional duty of an asylum state to enforce the constitution's interstate rendition clause faithfully." Brow......
-
Holmes v. Farmer
...shall be questioned in any other place."4 It has only been mentioned twice by this court, both times in passing. Bailey v. Laurie, 118 R.I. 184, 188-89, 373 A.2d 482, 484 (1977), and Lemoine v. Martineau, 115 R.I. 233, 241, 342 A.2d 616, 622 (1975).5 Article I, Sec. 6, of the United States ......
-
Griffin v. Burns, Civ. A. No. 77-247.
...representative who has been refused his seat in the Rhode Island Legislature and extradited to Michigan. See generally Bailey v. Laurie, 373 A.2d 482 (R.I.1977). In short, although there is no evidence of any intentional racial discrimination by defendants in this case, the actions complain......
-
Robert, In re
...comity or compact between the states but is mandated by art. IV, sec. 2, clause 2, of the United States Constitution. 3 Bailey v. Laurie, R.I., 373 A.2d 482, 484 (1977); Brown v. Sharkey, 106 R.I. 714, 716-17, 263 A.2d 104, 106 (1970). Congress has implemented this constitutional command by......