State v. Hedman
| Decision Date | 29 March 1968 |
| Docket Number | No. 41145,41145 |
| Citation | 280 Minn. 69,157 N.W.2d 756 |
| Parties | STATE of Minnesota ex rel. Wilbur C. BROWN, Appellant, v. Kermit HEDMAN, Sheriff of Ramsey County, Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
In an extradition proceeding, where an accused is arrested and held pending arrest under a rendition warrant by the governor of this state, dismissal of the original fugitive complaint due to lapse of time is not a bar to further proceedings under a governor's rendition warrant subsequently issued.
C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant.
Douglas M. Head, Atty. Gen., Wm. B. Randall, County Atty., Thomas Poch and Thomas Quayle, Asst. County, Attys., St. Paul, for respondent.
Heard before KNUTSON, C.J., and OTIS, ROGOSHESKE, SHERAN, and PETERSON, JJ.
This is an appeal from an order denying a petition for writ of habeas corpus in an extradition proceeding.
On May 23, 1967, relator was taken into custody by Burnsville, Minnesota, officers pursuant to a traffic warrant issued by the St. Paul police and a bench warrant issued from Mercer County, New Jersey. He first appeared in St. Paul municipal court on June 1, 1967, on a fugitive complaint sworn to on May 31, 1967. The St. Paul municipal court committed him to jail for 30 days pursuant to Minn.St. 629.15. On June 30, 1967, relator was recommitted for an additional 10 days pursuant to § 629.17 in order to allow time for extradition documents to arrive from New Jersey. The documents not having arrived, on July 10, 1967, the municipal court of St. Paul dismissed the fugitive complaint filed May 31, 1967.
In the meantime, on June 8, 1967, defendant had appeared before the St. Paul municipal court on a complaint filed on June 7 charging him with having committed aggravated robbery in the State of Minnesota. Bail was set at $5,000, the public defender was appointed, and the matter continued until June 12, 1967, at which time the judge of the municipal court appointed the public defender to also represent relator on the fugitive complaint. Relator requested a preliminary hearing on the charge of aggravated robbery, which was held June 15, 1967, and he was bound over to the Ramsey County District Court for trial. He was arraigned on the robbery charge on June 19, 1967, at which time he entered a plea of not guilty. Unable to furnish bail, relator remained in the county jail until brought to trial on October 9, 1967. He was acquitted of this charge by the jury and immediately thereafter was rearrested and confined in the Ramsey County Jail pursuant to a rendition warrant issued July 28, 1967, by the governor of this state at the request of New Jersey. Relator then petitioned for a writ of habeas corpus, claiming that the dismissal of the original fugitive complaint on July 10 was a bar to any further extradition proceedings.
Under the Uniform Extradition Law, which has been adopted by Minnesota, a fugitive from another state may be arrested pursuant to a rendition warrant issued by the governor under Minn.St. 629.07. Before he can be turned over to the demanding state, he must be brought before a court of record under § 629.10, where he may challenge the legality of the proceeding and his arrest. Before the completion of extradition proceedings by the demanding state and the issuance of a rendition warrant by the governor, an accused person may be arrested under § 629.14 upon reasonable information that he stands charged with a crime in the courts of another state. If he is so arrested, he must be taken before a judge or magistrate with all practical speed. He may also be arrested upon the warrant of a magistrate under § 629.13. When he has been arrested under either of these provisions, § 629.15...
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Glavin v. Warden, State Prison
...warrant may commit the accused or require him to give bond.' See also Shields v. State, 257 Md. 384, 263 A.2d 565; State ex rel. Brown v. Hedman, 280 Minn. 69, 157 N.W.2d 756; In re Bryant, 129 Vt. 302, 306, 276 A.2d 628. The Hedman case is relied on by the defendant in support of his conte......
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State ex rel. Holmes v. Spice, s. 452
...the governor's warrant of extradition, is well-settled law. Bailey v. Cox (Ind.1973), 296 N.E.2d 422, 424. State ex rel. Brown v. Hedman (1968), 280 Minn. 69, 157 N.W.2d 756, 757--758; People ex rel. Gummow v. Larson (1966), 35 Ill.2d 280, 220 N.E.2d 165, 167; Applications of Oppenheimer (1......
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James H. Hval, In re
...585, 588, 221 N.E.2d 283, 285 (1966); In re Simpson, 2 Kan.App.2d 713, 714, 586 P.2d 1389, 1390 (1978); State ex rel. Brown v. Hedman, 280 Minn. 69, 71, 157 N.W.2d 756, 757 (1968); People ex rel. Brandolino v. Hastings, 72 A.D.2d 821, 821, 421 N.Y.S.2d 893, 894 (1979). The cases make a clea......
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