Cadle v. Cauthron, CR
| Decision Date | 09 July 1979 |
| Docket Number | No. CR,CR |
| Citation | 584 S.W.2d 6,266 Ark. 419 |
| Parties | James CADLE and Robert Pierce, Appellants, v. Bill CAUTHRON, Sheriff of Sebastian County, Arkansas, Appellee. 79-98. |
| Court | Arkansas Supreme Court |
Don R. Langston, Fort Smith, for appellants.
Steve Clark, Atty. Gen. by Alice Ann Burns, Asst. Atty. Gen., Little Rock, for appellee.
Appellants were arrested in Logan County, Arkansas, without a warrant, on February 8, 1979. They were apprehended by local, state and federal officers and taken to Paris, Arkansas, for questioning. A few hours later they were taken to Franklin County, placed in jail, and moved to the Sebastian County jail on February 13, 1979, where they remain at this time. Appellants admit the sheriff stated he was holding them for Florida. A few days later a deputy sheriff requested them to sign extradition papers in order to be returned to Florida but the request was rejected. Appellants deny any knowledge of the nature of the cause for which they were being held or having been given an opportunity to go before a magistrate. On April 25, 1979, the Governor of Arkansas issued his arrest warrant to the Sheriff of Sebastian County wherein he directed the sheriff to hold the appellants for the executive authorities in Florida. Attached to the warrant were supporting papers for the requisition by the Governor of Florida. Also, a letter from the Governor of Arkansas was delivered to appellants stating they were being held as fugitives and further explaining their rights. On April 30, 1979, they filed a petition for a writ of habeas corpus. May 1, 1979, the Circuit Court of Sebastian County denied the petition. Appellants appeal on the grounds of denial of constitutional and statutory rights by reason of never having been afforded a preliminary hearing before a magistrate nor being allowed to appear for an extradition hearing before the governor or his representative.
Extradition hearings are not criminal proceedings even though much of the subject matter dealt with is criminal in nature. In order to understand extradition proceedings it is necessary to set out the constitutional and statutory authorities affecting such matters. The U.S.Const., art. 4, § 2, cl. 2, states:
A person charged in any State with Treason, Felony or other Crime, who shall flee from Justice and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Extradition proceedings are matters involving the various states and territories as well as cooperating foreign countries. Therefore, federal statutes are controlling to a large extent. 18 U.S.C. § 3182 provides:
Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
From reading the above authorities it is apparent the only requirement the United States Constitution contains is that upon demand of the executive authority of the demanding state the executive authority of the asylum state is bound to deliver a fugitive. The United States Code adds very little to the constitutional requirement. It does add something to the procedure in that it requires the executive authority of the demanding state or territory to produce a certified or authenticated copy of the indictment, or affidavit, before a magistrate, charging the person being sought with having committed treason, felony, or other crime within the demanding state, whereupon the executive authority of the asylum state is required to cause such accused to be arrested and secured for the purpose of being delivered to the demanding state. Neither the United States Constitution nor the United States Code require any particular type proceeding concerning extradition matters. Therefore, the details for extradition proceedings are left to the various states and territories. Arkansas has adopted the Uniform Criminal Extradition Act, which is 1935 Ark. Acts, No. 126, and codified as Ark.Stat.Ann. §§ 43-3001 3030 (Repl.1977). This statute provides it is the duty of the Governor of Arkansas to have the person arrested delivered to the executive authority of the demanding state. It also sets out the requirements of the demanding state. We do not discuss the requirements of the demanding state because appellants admit the validity of the actions of the executive authority of Florida in this case. In passing, we might mention that upon examination the requisition and supporting papers completely comply with the Uniform Criminal Extradition Act.
Ark.Stat.Ann. § 43-3007 (Repl.1977) provides that if the Governor of Arkansas decides to comply with the requisition he shall direct the sheriff, marshal, coroner, or any other person he deems fit to arrest the accused. The warrant must state facts necessary to the validity of the issue. Ark.Stat.Ann. § 43-3010 (Repl.1977) requires the accused must be notified of the nature of the demand; the crime for which he is charged; his right to demand counsel; and his right to contest the extradition. If the accused, or anyone on his behalf, contest the extradition, the accused shall be taken forthwith before a judge of a court of record who shall set a time within which the accused may apply for a writ of habeas corpus. When the petition for habeas corpus is filed, there must be a notice of the time and place for the hearing on said petition and such notice shall be given to the accused and the prosecuting attorney and to the agent of the demanding state.
Appellants also argue that Ark.Stat.Ann. § 43-3014 (Repl.1977) gives a person who is arrested without a warrant the right to be taken before a judge or magistrate with all practicable speed. They further argue that Ark.Stat.Ann. § 43-3016 (Repl.1977) provides an accused shall be admitted to bail unless the offense with which he is charged is punishable by death or life imprisonment.
We concede the last mentioned procedures have not been met in this case. The requisition from Florida shows upon its face the appellants are not charged with an offense which is punishable by death or life imprisonment. We also note that the record does not contain any allegation that appellants demanded any hearing prior to the filing of the petition for a writ of habeas corpus. Due to the nature of extradition proceedings and their heavy reliance upon federal authority, we will first discuss the facts of this case as related to federal procedures.
As previously noted, neither the constitution nor the United States Code require a hearing before a court of record or a magistrate nor do they require appellants be admitted to bail....
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State v. J.M.W.
...warrant, to simply hold the person for extradition, subject to the habeas corpus challenge outlined in that case. See Cadle v. Cauthron, 266 Ark. 419, 584 S.W.2d 6 (1979). Once extradited, the demanding state can then determine whether the fugitive is entitled to bail, and in what amount. I......
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Ford, In re
...hold the person for extradition, subject to the habeas corpus[187 MICHAPP 459] challenge outlined in that case. See Cadle v. Cauthron, 266 Ark. 419, 584 S.W.2d 6 (1979). Once extradited, the demanding state can then determine whether the fugitive is entitled to bail, and in what amount. It ......
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People v. Superior Court (Ruiz)
...in Meechaicum, supra.) Jurisdictions which deny bail in extradition matters by judicial decision include Arkansas, Cadle v. Cauthron (1979) 266 Ark. 419, 584 S.W.2d 6; Arizona, Burr v. Frey (1965) 2 Ariz.App. 238, 407 P.2d 779; Delaware, Grano v. State (Del.1969) 257 A.2d 768; Florida, Buch......
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Basto, Matter of
...State, 52 Ala.App. 99, 289 So.2d 666 (Ct.Crim.App.1974); State v. Jacobson, 22 Ariz.App. 260, 526 P.2d 784 (Ct.App.1974); Cadle v. Cauthron, 584 S.W.2d 6 (Ark.1979); Johnson v. District Court, 199 Colo. 458, 610 P.2d 1064 (1980); Grano v. State, 257 A.2d 768, 771 (Del.Super.Ct.1969); Buchan......