Sullivan v. State ex rel. Pardew
| Citation | 49 So.2d 800 |
| Parties | SULLIVAN, Sheriff v. STATE ex rel. PARDEW. |
| Decision Date | 05 January 1951 |
| Court | United States State Supreme Court of Florida |
Richard W. Ervin, Atty. Gen., and Murray Sams, Jr., Asst. Atty. Gen., for appellant.
George S. Okell, Miami, for appellee.
This is an appeal by the State from a final judgment of discharge in a habeas corpus proceeding. The predicate for the writ of habeas corpus was an extradition warrant from the Governor of Florida on requisition of the Governor of New York. It is shown that the essential jurisdictional prerequisites for the extradition warrant were present--(1) Whether petitioner was the person charged. (2) Whether petitioner was substantially charged with a crime in the State of New York. (3) Whether petitioner was a fugitive from justice, section 941.03, F.S.A., or whether he committed an act in a third state which intentionally resulted in the commission of a crime in the demanding State, 941.06. (4) Whether the indictment was certified as authentic by the Governor of the demanding State.
There appears to be no dispute that these jurisdictional prerequisites to the issuance of the warrant of extradition were present and that it was valid on its face. 18 U.S.C.A. § 3182 and Sections 941.03 and 941.06, F.S.A., limit the inquiry of the Circuit Court in habeas corpus like this to these jurisdictional prerequisites. It appears, however, that the trial court exceeded his authority in that he took evidence relating to the charge against petitioner and in effect passed on the sufficiency of the evidence. His reasons for discharging petitioner reveal this. The New York Court may agree with him but under our decisions that is the forum authorized to adjudicate such questions. The courts of this State cannot adjudicate the merits of a charge like this.
The judgment appealed from is accordingly reversed on authority of State of Florida ex rel. Ljungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like cases.
Reversed.
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State v. Cox
...to the issuance of his warrant exist. Chase v. State ex rel. Burch, 93 Fla. 963, 113 So. 103 (1927). In Sullivan v. State ex rel. Pardew, Fla.1951, 49 So.2d 800, the jurisdictional prerequisites for an extradition warrant requested by the State of New York were held to '. . . (1) Whether pe......
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Soto v. State
...prerequisites to the issuance of his warrant exist. Moore v. State, 407 So.2d 991 (Fla.3d DCA 1981). In Sullivan v. State ex rel. Pardew, 49 So.2d 800 (Fla.1951), the prerequisites were set forth as (1) Whether petitioner was the person charged. (2) Whether petitioner was substantially char......
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Wheaton v. State, 81-1907
...requirement. While we agree that without the Governor's authentication, extradition could not be upheld, Sullivan v. State ex rel. Pardew, 49 So.2d 800 (Fla.1951); State ex rel. Gandert v. Roberts, 381 So.2d 1191 (Fla. 2d DCA 1980); Palmer v. State, 312 So.2d 476 (Fla. 4th DCA 1975), the is......
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State v. Gale, 74--1290
...to the issuance of his warrant exist. Chase v. State ex rel. Burch, 93 Fla. 963, 113 So. 103 (1927). In Sullivan v. State ex rel. Pardew, Fla.1951, 49 So.2d 800, the jurisdictional prerequisites for an extradition warrant requested by the State of New York were held to '. . . (1) Whether pe......