Woody v. State

• Decision Date: 17 July 1974
• Docket Number: No. 47325,47325
• Citation: 524 P.2d 1150,215 Kan. 353
• Parties: Ralph WOODY, Appellant, v. STATE of Kansas, Appellee.
• Court: Kansas Supreme Court

Page 1150

524 P.2d 1150

215 Kan. 353

Ralph WOODY, Appellant, v. STATE of Kansas, Appellee.

No. 47325.

Supreme Court of Kansas.

July 17, 1974.

Syllabus by the Court

1. An accused who has been arrested for purposes of extradition, to answer for a felony offense committed in another jurisdiction, is entitled to the appointment of counsel in a habeas corpus proceeding brought under the Uniform Criminal Extradition Act in Kansas, where it is established that the accused is an indigent person who has not had means to procure counsel for himself.

2. Where an accused challenges extradition in a habeas corpus proceeding brought under the Uniform Criminal Extradition Act, the Governor's warrant issued in the extradition proceedings is presumed to be valid and regular in all respects, thus casting the burden of proof upon the petitioner to overcome the prima facie case made by the Governor's warrant.

3. Person accused or convicted of crime does not have to leave a state voluntarily to be a fugitive from justice and subject to extradition. The fact that the petitioner was brought into the asylum state by federal authorities does not alter his situation, and he is subject to be delivered to the demanding state upon proper extradition process.

4. In a habeas corpus proceeding wherein the petitioner challenges the validity of extradition proceedings, it is not the province of the Kansas courts to go behind the Governor's warrant to inquire into alleged irregularities in the courts of the demanding state.

Patrick J. Hurley, Leavenworth, argued the cause, and was on the brief for appellant.

Patrick J. Reardon, County Atty., argued the cause, and Vern Miller, Atty. Gen., was with him on the brief for the appellee.

SCHROEDER, Justice:

This is an appeal from an order of the District Court of Leavenworth County, Kansas, refusing to grant Ralph Woody's petition for a writ of habeas corpus. The petition stems from extradition proceedings initiated by the Governor of Arkansas who made demand upon the Governor of Kansas for the estradition of Woody.

Woody contends the requisition and demand from the Governor of Arkansas were defective and should not have been recognized by the Governor of Kansas, and he also contends he was denied his right to assistance of counsel.

Ralph Woody (petitioner-appellant) was a federal prisoner in the United States Penitentiary at Leavenworth, Kansas, for a period of time until his release on January 16, 1973. Upon his release from the federal penitentiary he was transferred to the custody of the sheriff of Leavenworth County, Kansas. On the same date the sheriff filed a complaint in the magistrate court, stating that Woody had been arrested 'upon reasonable information' that he was charged in the State of Arkansas with a crime punishable by imprisonment in excess of one year and had been brought before the court with all practical speed. A warrant was issued from the magistrate court in Leavenworth County on January 19, 1973, which recites that the appellant is the person charged by complaint with having been convicted of grand larceny in Arkansas. The magistrate court thereupon ordered Woody held for 30 days to allow Arkansas authorities time to complete the extradition requirements.

Also on January 16, 1973, Woody filed a motion and affidavit for leave to proceed in forma pauperis and a petition for a writ of habeas corpus, alleging:

'Petitioner was a federal prisoner of the United States Penitentiary, Leavenworth, Kansas, where he served a two (2) year term imposed by the United States District Court of South Dakota; that his term of imprisonment expired on the date of January 16, 1973; that petitioner is 'wanted' by the State of Arkansas for service of a term of imprisonment of eighteen years, which he has commenced to serve; that the offense for which he was allegedly convicted of in the State of Arkansas is for a charge and conviction of stealing thirty-five ($35.00) dollars.

'The Arkansas Department of Corrections will have an agent in Leavenworth, Kansas, on the date of January 16, 1973, and possibly following that date, who will attempt to take custody of this petitioner, with the intention of removing him to the State of Arkansas.

'However, the agent from the State of Arkansas does not have in his possession any proper warrant or authority, to authorize him to take custody and remove the petitioner from the State of Kansas.

'The State of Arkansas has never sought extradition and does not possess a rendition warrant, issued by Governor Docking of the State of Kansas. Further, petitioner points out that the Arkansas penal commitment is not legal and valid because part of the actual trial, in which the commitment was assessed was conducted in petitioner's absence. In that, petitioner has never been before an Arkansas Circuit Court for sentencing in this matter. This commitment was received at the U.S.P. record office, while petitioner was serving his two (2) year sentence.

'Therefore, petitioner must maintain that he is not the person named in the Arkansas penal commitment, because he has never been before an Arkansas Circuit Court for sentencing. The said commitment will further show and establish that no allocution has been given the named defendant therein, establishing a legal and valid conviction under the laws of Arkansas and the State of Kansas.'

In his petition Woody requests an order staying his removal to the State of Arkansas.

The particular grounds alleged in the petitioner's application for a writ were: (1) That the sheriff of Leavenworth County did not have a proper fugitive warrant and therefore could not restrain the petitioner; (2) that the agent from the State of Arkansas did not have sufficient papers, documents, etc. to indicate that the appellant is the person who has been convicted in Arkansas; (3) that the State of Arkansas failed to annex a copy of a grand jury indictment, or a complaint made before a magistrate which is required under the federal laws governing and controlling interstate rendition; (1) that the petitioner was not in Arkansas at the time the alleged crime was committed; and (5) that the procedure and tactics employed by the State of Arkansas in seeking the petitioner's custody from Kansas is 'wholly' inconsistent with Kansas law and the United States Constitution.

On the 15th day of February, 1973, Woody filed a motion in the district court for the appointment of legal counsel to represent him in the habeas corpus proceedings. There is no indication in the record that this motion was ever acted upon by the district court.

A hearing was conducted by the district court on Woody's petition for writ of habeas corpus on March 30, 1973. Woody was asked by the assistant county attorney whether he was represented by counsel, to which Woody replied, 'No, sir, I desire to go ahead and represent myself at this time.' At the hearing the state introduced into evidence a warrant dated March 9, 1973, issued and signed by Robert B. Docking, Governor of Kansas, duly attested, which appears to be regular in all respects. Also introduced into evidence by the state was the Governor of Arkansas' authorization of an agent to receive Woody from Kansas authorities and convey him to Arkansas; a request to the Governor of Arkansas from the Superintendent of the Arkansas Department of Corrections for the extradition of Woody; an affidavit of the Superintendent of the Arkansas Department of Corrections disclosing that Woody was sentenced to serve eighteen years on October 26, 1972, by the Circuit Court of Mississippi County, Arkansas, for grand larceny; and another document by the Superintendent of the Arkansas Department of Corrections certifying that the (1) photograph; (2) summary; (3) department of corrections commitment; and (4) release notice attached were copies of the original records of Woody and were accurate copies of the originals on file in the superintendent's office.

At the hearing Woody indicated he had previously been at the hearing in the Governor's office in Kansas and was acquainted with the warrant issued by Governor Docking and the documents submitted at the Governor's extradition hearing. The thrust of Woody's argument at the hearing was that the demand for extradition issued by the State of Arkansas failed to comply with the mandates of K.S.A. 22-2703, in that it did not contain a copy of a judgment of conviction, or a statement by the executive authority that the person demanded escaped from confinement, or has broken the terms of his bail, probation or parole, or that some portion of the sentence remains unexecuted. The trial court took the matter under advisement.

On the 2nd day of April, 1973, a journal entry was filed in the District Court of Leavenworth County denying the writ of habeas corpus, and finding the warrant issued by the Governor of Kansas to be valid. It ordered the delivery of Woody into the custody of the duly commissioned agents of Arkansas.

On the 4th day of Arpil, 1973, Woody filed a notice of appeal from the order of April 2, 1973, and he also filed a motion for a stay of execution of the order authorizing his removal from Kansas.

On the same date the trial court heard the matter with the agents of Arkansas present in the courtroom ready to take custody of Woody. The appellant argued, pro se, that he had a right under Kansas law to appeal the determination of his application for the writ of habeas corpus, and that this would be a rather meaningless right if extradition were permitted while the appeal was pending. Woody also called the court's attention to his motion for the appointment of counsel filed in the habeas corpus proceeding, and stated the trial court had not acted upon the motion to his knowledge, and he therefore assumed the trial court must have denied his motion since counsel was not appointed to represent him at the original hearing.

Woody contended he did not know of the order of April 2nd...