Everett, In re, 171-80
| Decision Date | 03 February 1981 |
| Docket Number | No. 171-80,171-80 |
| Citation | 139 Vt. 317,427 A.2d 349 |
| Parties | In re Ronald EVERETT. |
| Court | Vermont Supreme Court |
James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, Montpelier, and David G. Reid, Public Defender, Brattleboro, for petitioner.
M. Jerome Diamond, Atty. Gen. and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for respondent.
Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
Ronald Everett brought a habeas corpus proceeding in Windsor Superior Court to prevent his extradition to New Hampshire. The court denied the petition, and he appeals to this Court.
On the evening of January 12, 1980, an armed robbery occurred in Walpole, New Hampshire. New Hampshire police came into Vermont and detained the petitioner in Bellows Falls, suspecting that he had committed the robbery. The New Hampshire police called the Bellows Falls police for assistance and an officer arrived soon after. The petitioner was searched and interrogated by the New Hampshire police, and was identified by the New Hampshire victim. The Vermont police did not participate in this process. Approximately two hours after the New Hampshire police had stopped the petitioner, the Bellows Falls police arrested him as a fugitive from justice. In a habeas corpus proceeding to obtain release from this initial arrest, a Vermont court concluded that the Vermont police did not have probable cause to arrest the petitioner as a fugitive from justice and that the arrest was therefore illegal. The court consequently ordered the petitioner released.
The day after the arrest, the New Hampshire police officer who initially detained the petitioner signed a complaint and a supporting affidavit, in New Hampshire, alleging that the petitioner committed the armed robbery. The District Court in Keene, New Hampshire, found sufficient probable cause to arrest the petitioner. The Governor of New Hampshire requested extradition of the petitioner. The Governor of Vermont issued a warrant for the apprehension of the petitioner, who was consequently arrested. Petitioner brought this habeas corpus petition to prevent the extradition.
In this second habeas corpus proceeding the petition seeks to attack the extradition proceeding itself on the basis that the probable cause finding of the New Hampshire court was tainted by the original arrest, already found deficient by a Vermont court. However, such an issue is not available in a proceeding to test the validity of the proposed rendition under an executive warrant, issued in response to a request for extradition.
It has been regularly held in this Court that review of extradition process relates to the validity of the demanding warrant and the procedural compliance with the requirements for rendition. If those are in order, we look no further in this proceeding. In re Saunders, 138 Vt. 259, 264, 415 A.2d 199, 202 (1980); In re Roessel, 136 Vt. 324, 327-28, 388 A.2d 835, 838 (1978).
"Interstate extradition was intended to be a summary and mandatory...
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