State v. Flowers
| Decision Date | 30 April 1969 |
| Docket Number | No. 1,CA-HC,1 |
| Parties | In the Matter of the Application for Writ of Habeas Corpus STATE of Arizona, Appellee, v. Eddie FLOWERS, Appellant. 11. |
| Court | Arizona Court of Appeals |
Gary K. Nelson, Atty. Gen., by James S. Tegart, Asst. Atty. Gen., for appellee.
Frank Gabusi, Yuma, and Eddie Flowers, in pro. per. for appellant.
This is an appeal from the trial court's denial of a Petition for Application for Writ of Habeas Corpus arising out of criminal extradition proceedings.
Petitioner Eddie Flowers was arrested on a charge of Grand Larceny from the State of Arkansas and placed in the Yuma County jail. In his verified petition for writ of habeas corpus, petitioner questions that the complaint issued out of the demanding state was made on affidavit or that it substantially charged an offense. His petition alleged that he was not a fugitive from justice and that he was in a state other than the demanding state at the time of the alleged offense. He further alleged unlawful detention and demanded strict proof on these issues. The Sheriff filed no response to the petition.
The record in this case is rather brief. The hearing upon which the court's order of denial was based consisted only of the testimony of petitioner, and occupied only eight pages of the transcript. He testified that he was placed in the Yuma County jail by an officer who told him he was being arrested for Grand Larceny in Star City, Arkansas, which he was supposed to have committed on March 18, 1967. Petitioner testified he had been in Star City in 1966, but that on March 17, 18 or 19, 1967, he was working in Dallas, Texas, and living in the nearby town of Red Oak, Texas, and that he was never in Arkansas at that time in 1967.
The prosecution asked no questions of petitioner. The record contains certain exhibits and affidavits introduced at the hearing. One exhibit was from a friend of petitioner, stating that petitioner was in Dallas working on the 17th, 18th, 19th and 20th and for a few days afterward in the month of March, 1967, and that petitioner at the time stayed with a lady, Haddy Johnson, in the town of Red Oak, Texas. Another exhibit contained room rent receipts from one Haddy Johnson for the months of March 17, 1967 and April 17, 1967. One of the affidavits was of Haddy Johnson who stated that petitioner rented a house from her and lived in it with his family during the months of March and April, 1967, and that she would see him daily or every other day during this period. The other affidavits were of two persons who stated they were residents of Jefferson County, Arkansas. One said he was with petitioner on March 18, 1967 when petitioner sold some equipment to Napoleon Dorn. The other affidavit was of Napoleon Dorn who stated he bought the equipment from petitioner on that date. Neither gave the location of the transaction. Star City is shown on the map to be in Lincoln County, Arkansas.
Before the case was submitted, the court entered into the following dialogue with counsel:
Other than this dialogue, no other evidence was introduced by stipulation or otherwise concerning the extradition papers. The legality and sufficiency of the extradition papers having been raised by the petitioner, it is necessary that we find evidence to support the court's ruling denying the writ.
As we view the court's dialogue, counsel for petitioner would only admit that he was informed there were such papers, but would make no other admission. Counsel took the position only that he was informed of the Governor's action. We believe this did not resolve the issue in any way to show that the proceedings which led to petitioner's arrest were according to law.
Extradition proceedings are subject to inquiry as to their validity. Ex Parte Rubens, 73 Ariz. 101, 238 P.2d 402 (1951), cert. denied, 344 U.S. 840, 73 S.Ct. 50, 97 L.Ed. 653 (1952); Boies v. Dovico,97 Ariz. 306, 400 P.2d 109 (1965). In this connection we are bound by the record in the case as it was presented to the trial court, unless there be records of which we can take judicial notice in the office of the Secretary of State. Applications of Oppenheimer, 95 Ariz. 292, 389 P.2d 696 (1964), cert. denied, 377 U.S. 948, 84 S.Ct. 1359, 12 L.Ed.2d 311 (1964). The vital issues as brought out in the petition were whether petitioner was in the demanding state at the time of the crime charged, and the sufficiency of the demanding papers.
The court did not have any documents before it. In particular, it did not have the Governor's Warrant on Extradition. Although there is intimation in Oppenheimer that extradition papers, in addition to a certified copy of the Governor's Warrant, are filed in the office of the Secretary of State and that we can take judicial notice of same, we are unable to learn that they exist in the instant case. We have been unable to find any statute that requires such extradition papers to be filed or kept, nor has our inquiry into what public records the Secretary of State might have in connection with this case produced anything other than that they have only a copy of the Governor's Warrant on Extradition which is...
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