CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...form Criminal Extradition Law, Chapter 941, Florida Statutes 1961, F.S.A., pointing out that the demand fails to allege that the accused was present in the State of North Carolina at the time of the commission of the alleged crime (as is required by § 941.03, Florida Statutes 1961, F.S.A....
...which act resulted in the commission of a crime in North Carolina, does not contain the essential allegation that he committed an act in Florida intentionally resulting in a crime in North Carolina. The demand did not meet the requirements of either §
941.03 or §
941.06, supra, and it was, therefore, insufficient to authorize the issuance of the rendition warrant by the Governor of Florida under the authority of Chapter 941, Florida Statutes 1961, F.S.A....
...the demanding or other state." (Emphasis added.) It is noted that demands made pursuant to the Uniform Reciprocal Enforcement of Support Law must comply with the requirements governing the form of demands under the Uniform Criminal Extradition Law, § 941.03, supra, except that in those demands made pursuant to § 88.061, supra, it is not necessary to allege that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from justice. The remaining requirement of § 941.03, supra (that the demand shall be in writing and accompanied by the documents enumerated in the said statute), has been fulfilled in the instant case....
...The order quashing the writ of habeas corpus and remanding Clarke to the custody of the Sheriff is reversed with the directions to enter an order discharging Clarke from the custody of the Sheriff. KANNER, Acting C.J., and WHITE, J., concur. NOTES [1] Section
941.03, Florida Statutes 1961, F.S.A.: "No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under §
941.06, that the accused wa...
...g the demand." [2] Section
941.06, Florida Statutes 1961, F.S.A.: "The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in §
941.03 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such ca...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Like most states, Florida has adopted the Uniform Interstate Extradition Act. See Fla. Stat., Chap. 941. When interstate extradition is sought, the governor or executive authority of the *158 demanding state files a written demand upon the Governor of Florida. Fla. Stat. § 941.03 (1973). The Governor of Florida must examine the demand for the formal allegations required by Fla. Stat. § 941.03 (1973) to determine whether the demand should be recognized....
...1951,
49 So.2d 800, the jurisdictional prerequisites for an extradition warrant requested by the State of New York were held to be: "... (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....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...be extradited from one state to another there must be a written demand made by the initiating state upon the state wherein the person sought to be extradited is located. The formal requirements as to the content of this demand are provided in F.S.A. § 941.03 [1] ....
...role. Despite the inconsistency and the omissions, the trial court deemed the documents to be in satisfactory compliance with Chapter 941, F.S.A. The state defends the trial court decision by arguing that the enumeration of documents found in F.S.A. 941.03, supra, reflect pure alternatives in that the initiating state is entitled simply to select the one or ones they wish to employ regardless of the facts or stage of the prosecution....
...ent upon which conviction was obtained and omitting to attach the judgment, sentence and statement of broken probation. We are not able to accept the state's reasoning. To do so would be to nullify the explicit statutory alternatives found in F.S.A. § 941.03 and, in effect, to amend its terms so as to say that the demanding state could activate this state's extradition procedure by merely saying in the demand that the person claimed is a fugitive....
...We are required to believe that the enumeration of the several alternatives found therein has a purpose. We are further required to give effect to each of these provisions, all according to standard rules of statutory construction. 30 Fla.Jur., Statutes, § 112. Thus, we construe F.S.A. § 941.03 to require that those concerned pay heed to its terms to the end that the demanding state must present its demand in a fashion that would accurately and fully reflect the current vehicle whereby and whereunder the demanding state derives it...
...(People ex rel. Leach v. Baldwin, 341 Ill. 604, 174 N.E. 51; 20 I.L.P., Fugitives from Justice, sec. 10.)" Id. As we reflect on this problem it is our reckoning that the demanding state can, without difficulty or disadvantage, meet the requirements of F.S.A. § 941.03 in the fashion we have discussed....
...ANDREWS, J., dissents with opinion. ANDREWS, Judge (dissenting). I regret that I must dissent from the well reasoned opinion of reversal prepared by Judge WALDEN. As suggested in the majority opinion, the demanding state can meet the strict requirements of F.S.A. § 941.03....
...reasons was not subject to extradition it was his obligation to establish such fact. Under such circumstances I see no justification for requiring the demanding state to retrace its steps in a new proceeding. I would affirm the judgment. NOTES [1] "941.03 Form of demand....
CopyCited 5 times | Published | Supreme Court of Florida
...It was clearly shown that the appellant was not within the State of New York at the time that the offense was alleged to have been committed and was not a fugitive from justice from the State of New York and was not subject to extradition as such. This Court held that sections
941.03 and
941.06, Florida Statutes (1941), [1] of the Florida Uniform Criminal Extradition Act were to be read in pari materia, i.e., "they require that the person sought to be extradited shall be charged by indictment, information or affidavit with...
...Commonwealth's prosecutor from the City of Colonial Heights. Section
941.06 provides that the Governor of Florida may surrender on demand of the governor of any other state, any person in Florida charged in such other state in the manner provided in section
941.03 with committing an act in Florida or in a third state, intentionally resulting in a crime in the demanding state. Section
941.03, as it relates to section
941.06, requires that the demand for extradition be in writing and accompanied by an authenticated copy of an indictment which substantially charges the person demanded with having committed a crime under the laws of the demanding state....
...We quash the decision of the district court of appeal and the case is remanded with the instructions that Soto be remanded to the custody of the State of Florida to be extradited to the State of Virginia. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON and McDONALD, JJ., concur. NOTES [1] 941.03 Form of demand....
...941.06 Extradition of persons not present in demanding state at time of commission of crime. The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in s. 941.03 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such ca...
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...1968,
212 So.2d 304; State ex rel. Kimbro v. Starr, Fla. 1953,
65 So.2d 67. [7] Crusoe v. State, Fla.App. 1966,
183 So.2d 600; People v. Hamm, 1957, 5 A.D.2d 696, 169 N.Y.S.2d 513, aff'd 1958, 5 N.Y.2d 803, 181 N.Y.S.2d 201, 155 N.E.2d 114. [8] F.S. 1967, Section
941.03, F.S.A.; State ex rel....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state, or by a copy of a judgment of conviction, or of a sentence imposed in execution thereof." Deleting the alternatives not applicable to this case, Section 941.03, Florida Statutes 1959, F.S.A., provides as follows: "No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging * * that the accused was present in the...
...The facts in this case are readily distinguishable from the facts in the case of Ennist v. Baden, 1946,
158 Fla. 141,
28 So.2d 160, because the facts in that case were that there was a charge of a crime and not a record of trial or conviction and in addition, the proceedings in that case were both under Section
941.03 and Section
941.06 and the record in that case conclusively shows that the accused in that case was not present in the demanding state at the time of the commission of the alleged crime....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...This is an appeal from the denial of a petition for writ of habeas corpus, which alleged that defective extradition papers were transmitted from the Governor of *459 New York to the Governor of Florida. Petitioner contends that there was inadequate compliance with section 941.03, Florida Statutes (1981), requiring that a demand for extradition be accompanied by certain documentation....
...Since the record indicates that the extradition proceedings here occurred after the petitioner had been tried, convicted, and sentenced, an authenticated "copy of a judgment of conviction or of a sentence imposed in execution thereof" must be provided. § 941.03, Fla....
...If the legislature intended that something less than the document representing the official court action of conviction or sentence would be sufficient and that the risk, however small, of a mistake in someone's conclusion as to the effect of that court action was acceptable, we must presume section 941.03 would have said so....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...An authenticated copy of the indictment of the court in Georgia substantially charged petitioner with having committed a crime under the law of that state and a copy of the indictment was properly authenticated by the executive authority of Georgia making the demand, pursuant to Section 941.03, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida
...on. We hold that under these facts the error was not fundamental, and we therefore approve the First District's decision. The governor of Georgia signed a demand warrant for Fauls' extradition to that state. Upon determining that the requirements of section 941.03, Florida Statutes (1979), had been met, the governor of Florida signed a rendition warrant for Fauls' arrest and return to Georgia....
...The demand must be accompanied by either an indictment or an information or warrant supported by an affidavit which charges the accused with a crime, or a judgment of conviction or sentence supported by a statement from the executive authority that the accused is an escapee or has otherwise broken the terms of his sentence. Section 941.03, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...which arises from an identity of names. Solano v. State,
417 So.2d 302 (Fla. 3d DCA *20 1982). Second, appellant contends that the affidavits do not constitute competent evidence of his presence in the demanding state, because they contain hearsay. Section
941.03, Florida Statutes (1981) does not require the affidavits to aver that an accused was present in the demanding state....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...present circumstances is not a bar to a second extradition proceeding. See, Bassing v. Cady,
208 U.S. 386,
28 S.Ct. 392,
52 L.Ed. 540 (1908); Kurtz v. State,
22 Fla. 36 (1886). When extradition is sought, a written demand is filed in accordance with Section
941.03, Florida Statutes (1979). The governor examines the demand to see that it contains the allegations required by Section
941.03, supra....
...Sheriff of Leon County,
394 So.2d 117, 118 (Fla. 1981). In the present case, no challenge has been made to any of these four requirements. The alleged material misrepresentation, of which the appellant complains, does not relate to any allegations required under Section
941.03, Florida Statutes (1979)....
CopyCited 2 times | Published | Supreme Court of Florida | 1992 WL 63132
...Sepler, Asst. Public Defenders, Miami, for respondent. KOGAN, Justice. We have for review Lawrence v. Luster,
575 So.2d 220 (Fla. 3d DCA 1991), in which the district court certified the following question as being of great public importance: Whether section
941.03, Florida Statutes [(1989)], is satisfied when the judgment or sentence is executed in accordance with the laws of the demanding state although the form required by the demanding state does not meet the Florida requirements for a judgment and sentence? Id....
...After his arrest, Luster petitioned for a writ of habeas corpus, arguing that he was unlawfully confined because his extradition documents were not accompanied by a "copy of a judgment of conviction or of a sentence imposed in execution thereof" as required by section 941.03, Florida Statutes (1989)....
...ntially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand. § 941.03, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2238
...Section 3182 requires that the governor of the demanding state deliver to the governor of the asylum state a demand for extradition and an indictment found or affidavit made before a magistrate of the demanding state charging the accused with commission of a crime in the demanding state. See § 941.03, Fla....
...§ 3182, it is necessary that the accused have been in the demanding state when the crime was committed and that he thereafter fled that state and was found in another state. Appleyard v. Massachusetts,
203 U.S. 222, 231-32,
27 S.Ct. 122, 125-26,
51 L.Ed. 161 (1906). This is also true in the case of a proceeding under section
941.03, Florida Statutes (1983)....
...Although it was only necessary that the state introduce the Florida warrant of arrest to establish its prima facie case, State v. McCreary,
165 So. at 906, a valid demand for extradition from Alabama is a necessary predicate to the jurisdictional validity of that warrant of arrest. Section
941.03, Florida Statutes (1981), requires that the governor of Florida have before him a valid demand for extradition from a foreign state before issuing a warrant of arrest....
...en assuming the warrant of arrest and underlying documents are proper to challenge the factual determination of fugitiveness. In order to give substance to this fundamental constitutional right, we hold that the demand for extradition required by section 941.03 cannot, standing alone, be deemed competent evidence to create a conflict on the factual issue of fugitiveness....
...1970) (testimony of the accused and his wife that he was not in the demanding state on the day the offense was charged to have been committed is not sufficient to defeat extradition). I particularly take issue with the majority's holding that "the demand for extradition required by section 941.03 cannot, standing alone, be deemed competent evidence to create a conflict on the factual issue of fugitiveness." This is contrary, I believe, to the authorities on the point....
...Section
941.06, Florida Statutes (1983), governs extradition of persons not present in the demanding state at the time of the commission of the crime. No attempt has been made to extradite Josey under this section, and this decision is limited to extradition under section
941.03, Florida Statutes (1983). [2] Section
941.03, Florida Statutes (1983), states: Form of demand....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...In that point, he questioned: WHETHER THE TRIAL COURT ERRED IN DENYING APPELLANT'S PETITION FOR WRIT OF HABEAS CORPUS ON THE GROUNDS THAT THE EXTRADITION PAPERS FROM TEXAS WERE DEFECTIVE INASMUCH AS THEY FAILED TO INCLUDE A PROPER SUPPORTING AFFIDAVIT TO THE WARRANT AS REQUIRED BY SECTION 941.03, FLORIDA STATUTES? Appellant was arrested in Florida on the basis of extradition documents filed with the State of Florida by the State of Texas as the extraditing state....
...Both the indictment and capias were duly authenticated by the clerk of the court in Texas from which they were issued. Appellant argues that there was submitted in the extradition documents, in addition to the indictment, a warrant that was not sufficient to comply with section 941.03, Florida Statutes (1983), because it was not authenticated by a committing magistrate....
...In support of his argument, he cites to us Britton v. State,
447 So.2d 458 (Fla. 2d DCA 1984), and Blasi v. State,
192 So.2d 307 (Fla. 4th DCA 1966). His reliance on Britton and Blasi is based on the principle cited in those cases that there must be submitted for the purpose of extradition, under section
941.03, those documents which correspond to the stage in the proceedings to which the case against a defendant has progressed....
...While the principle stated in Britton and Blasi is correct, as applied to proceedings which supplant prior proceedings, appellant's reliance upon that principle here is misplaced. It has been held by Britton and Blasi, in support of the relied upon principle, that the most current of the three alternatives provided in section 941.03 must be selected by the extraditing state to submit in support of extradition. It is unfortunate that by the order of placement of the alternatives in section 941.03, it appears that the issuance of a warrant is a more current alternative than an indictment or information when it is not necessarily so, nor does either necessarily supplant the other. First of all, in the case before us, the documents submitted were an indictment *970 and a capias. A capias and a warrant, particularly as is contemplated by section 941.03, are not the same documents. The warrant, to be supported by affidavit of a committing magistrate as contemplated by section 941.03, is the warrant that issues upon probable cause for the arrest of an individual prior to an indictment or information. Such a warrant is issued by a committing magistrate upon a showing of probable cause, and thus arises the requirement in section 941.03, that a copy of such a warrant used for extradition purposes, must be supported by an affidavit made before a committing magistrate....
...he indictment or information as the vehicle upon which custody may be sought. In this case, the indictment and capias were both authenticated by affidavit of the clerk of the court from which they were issued. There was no warrant as contemplated by section 941.03....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...urisdictional prerequisite essential to the issuance of the rendition warrant. State ex rel. Dyer v. Wilson,
260 So.2d 241 (Fla. 4th DCA 1972). The test is whether the affidavit substantially charges a crime under the law of the demanding state. See §
941.03, Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15921
...First, although the application for requisition states that the alleged perjury was committed on February 4,1975, the correct date, February 4, 1974, appears in several places in the record, and it is clear that this was merely a typographical error. Second, Section 941.03, Florida Statutes (1975), provides in pertinent part: ....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 280458
...to the State's response. Reniewicz filed the petition below to test the legality of an arrest on an extradition warrant issued by the Governor pursuant to a demand for extradition by the state of Wisconsin. Because the Wisconsin demand complies with section 941.03, Florida Statutes (1997), we affirm the order denying the petition for a writ of habeas corpus....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...demand, i.e., the complaint and warrant, neither of which alleges appellant's presence in Michigan at the time of the alleged offenses, appellant's petition for writ of habeas corpus should have been granted. We agree and reverse. The provisions of Section 941.03, Florida Statutes (1979), require that the written demand from the governor of the demanding state must allege that the accused was present in the demanding state at the time of the alleged crime....
...The State argues that because appellant's presence in Michigan at the time of the commission of the alleged offense may be ascertained from the application for requisition attached to the Michigan governor's demand, the demand satisfies the requirements of Section 941.03....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...order; (b) whether the petitioner has been charged with a crime in the demanding state; (c) whether the petitioner is the person named in the request for extradition; and (d) whether the petitioner is a fugitive... . The foregoing is consistent with Section 941.03, Florida Statutes (1977)....
...To the extent that the foregoing language in Cossette or any other language therein suggests that the courts in Florida, as the asylum state, are to examine affidavits and hear testimony in extradition proceedings to determine if probable cause was established, we recede therefrom and reaffirm the simple test set down by Section 941.03, Florida Statutes (1977), requiring an affidavit to "substantially" charge a crime under the law of the demanding state....
...The order granting appellee's petition for habeas corpus is reversed and the cause is remanded with directions to enter an order delivering appellee to the appropriate agent of the State of Massachusetts. REVERSED AND REMANDED, with directions. DOWNEY, C.J., and HURLEY, J., concur. NOTES [1] Section 941.03, Florida Statutes: No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...in Florida. The Governor of Florida denied extradition apparently because the supporting documents showed that Wheaton was not present in Virginia at the time of the commission of the crime charged and was not therefore subject to extradition under Section 941.03, Florida Statutes (1979), under which the request was made....
...which are hereunto annexed and which I certify to be authentic and duly authenticated in accordance with the Laws of this State... ." Annexed to this request was the December 1980 indictment, to which was attached a clerk's authentication, not of the December 1980 indictment, but of the earlier indictment. Section 941.03, Florida Statutes (1979), provides in pertinent part: "No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing and accompanied by an authenticated copy of an indictment found ......
...d, "duly authenticated." In our view, the Governor of Virginia's statement that the documents are authentic, while functioning as the ultimate authentication, does not serve to authenticate an otherwise unauthenticated indictment. The requirement of Section 941.03 that the Governor's demand be accompanied by an authenticated copy of an indictment is not contained in the Uniform Criminal Extradition Act, see Unif....
...However, for the reasons stated, the trial court's order denying Wheaton's petition for writ of habeas corpus and remanding the petitioner to custody for return to Virginia is reversed and the cause remanded to the trial court for further proceedings consistent herewith. NOTES [1] Under Section 941.03, it must be shown "that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 186, 1991 WL 2807
...ent prepared and executed by the Clerk of the Superior Court of Los Angeles County. Luster petitioned for a writ of habeas corpus, alleging that the California extradition documents failed to meet the requirements of the Florida extradition statute, section 941.03, Florida Statutes (1989). The trial court correctly granted the petition. Section 941.03 requires that the extradition demand be accompanied by “an au *221 thenticated copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, ......
...phasis added). In this case, instead of forwarding an authenticated copy of the judgment of conviction, the California authorities forwarded a clerk’s certificate. A certificate of conviction signed by a clerk of court does not meet the mandate of section 941.03....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5541
...He filed a petition for a writ of habeas corpus challenging the validity of the extradition proceedings. A writ of habeas corpus issued and after final hearing the writ was discharged. On appeal, Goodman argues, and the State agrees that these proceedings are under the alternative part of § 941.03, Fla....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6542
...llinois Revised Statutes, 1969, did perform a substantial step toward the commission of that offense in that he did knowingly pull down the slacks and under garments of Nancy L. Vincent, a female, not his wife, by force and against her will.” F.S. Section 941.03, F.S.A., provides, in part, that the affidavit made before the committing magistrate “must substantially charge the person demanded with having committed the crime under the law of that state ....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 21265
...Counsel for appellant submitted the instant appeal pursuant to Anders v. California,
386 U.S. 738 ,
87 S.Ct. 1396 ,
18 L.Ed.2d 493 (1967). We have carefully reviewed the entire record on appeal and have concluded that no reversible error exists. Concerning appellant’s extradition process, pursuant to section
941.03, Florida Statutes (1981), a copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state shall be recognized in lieu of an authenticated copy of an indictment or information....
CopyPublished | Florida 2nd District Court of Appeal
The petition for writ of habeas corpus is granted in cases 17CF-001780-EX and 18CF-100090-EX. See § 941.03., .07, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2609
would be insufficient to support extradition. §
941.03, Fla.Stat. (1983). . See supra note 2. The hearsay
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3678
...lently secreted and removed from said State one 1951 Vagabond Trailer, with intent to defraud the mortgagee in violation of § 940 1 of the Penal Law of the State of New York, McKinney’s Consol.Laws, c. 40. The Demand was in the form prescribed by § 941.03, Florida Statutes, F.S.A....
...The record shows that Trice left New York in March of 1959, and has not since returned. Trice is not a fugitive from the justice of the State of New York within the meaning of Chapter 941, Florida Statutes, and he is not subject to extradition under the procedure provided in § 941.03, Florida Statutes, the sole basis for the extradition sought here....
CopyPublished | District Court of Appeal of Florida
DOWNEY, Judge. The Governor of Vermont forwarded to the Governor of Florida a demand for the extradition of appellee, together with the properly authenticated documents as provided for in § 941.03, F.S.1973....
...At the hearing held after issuance of the writ the State offered into evidence an Executive rendition Warrant for the arrest of appellee issued by the Governor of the State of Florida and duly authenticated copies of the documents required to be furnished by the demanding state pursuant to § 941.03, F.S.1973....
...t requested by the State of New York were held to be: ‘. . . (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....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 6746, 27 Fla. L. Weekly Fed. D 1173
...Tymenski appeals from an order of the circuit court denying his petition for a writ of habeas corpus. He argues that he should not be extradited to the Commonwealth of Pennsylvania because the documentation produced was not properly authenticated pursuant to section 941.03, Florida Statutes....
...Governor Bush of Florida later executed a warrant for Tymenski’s arrest. Tymenski filed this petition for writ of habeas corpus on July 26, 2001, arguing the extradition documentation was insufficient because Governor Ridge failed to certify as authentic the warrant for violation of parole. Section 941.03 sets out the formal requirements needed for a demand for extradition: No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under s....
...state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand. Although the documentation in this case may not meet all the formalities set forth in section 941.03, the fact that Tymenski executed a waiver as a condition of his probation is determinative....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14956
...mpanying papers were signed or authenticated. The single exception was the document authorizing the Pennsylvania peace officers to take appellant in custody from the Florida authorities. It, alone, was in proper form. Clearly, the provisions of F.S. § 941.03 require that the Governor’s Requisition and accompanying papers be signed or duly authenticated....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1382, 15 Fla. L. Weekly Fed. D 645
...The defendant filed a petition for writ of habe-as corpus. The trial court granted the petition for writ of habeas corpus because it found that the affidavit upon which the warrant was issued had not been duly authenticated by the executive authority of the demanding state as required by section 941.03, Florida Statutes (1987). Section 941.03, Florida Statutes (1987), requires that the demand for extradition must be accompanied by an authenticated “copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state.” The affidavit that the trial court refers to is dated August, 1989....
...ce the warrant was issued on June 30, 1989. Thus, the trial court erred in holding that the demand for extradition was defective because the executive authority of the demanding state did not authenticate the August, 1989 affidavit. As stated above, section 941.03 does require that the affidavit upon which the warrant was issued be duly authenticated....
...However, in the present case, the warrant that was issued on June 30, 1989, was supported by a complaint which was sworn to before a district court judge of the State of Michigan. We find that the complaint in the present case satisfies the “affidavit” requirement of section 941.03....
...A complaint complies with the basic requirements of an affidavit in that it is also a statement of facts made under oath. Thus, when the governor of Michigan, in his demand, certified as authentic the “Complaint, warrant and supporting documents,” section 941.03, Florida Statutes (1987), was satisfied. See also Olson v. Thurston, 393 A.2d 1320 (Me.1978); Langley v. Hayward, 656 P.2d 1020 (Utah 1982). The defendant contends that the trial court erred in finding that the demand, as required pursuant to section 941.03, Florida Statutes (1987), alleged that the defendant was in the demanding state at the time the crime was committed....
...present in the State of Michigan at the time of the commission of said crime and thereafter fled from justice.... ” In Doster v. Mims,
444 So.2d 1153 (Fla. 2d DCA 1984), a practically identical statement has been held to satisfy the requirement of section
941.03, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5937
...appeal. 12 We have been able to relate the assigned errors to the points involved, and exercise of this authority in this instance is not deemed warranted. For reasons stated this cause is affirmed. Affirmed. WALDEN, C. J., and REED, J., concur. . F.S. 941.03, F.S.A....
CopyPublished | Supreme Court of Florida | 1949 Fla. LEXIS 754
...Kulikowski authenticated the signature of Jekanowski. (4) A certificate by the Governor that the Court of Hampshire is a Court of Record and that Harry Jekanowski and Charles J. Kulikowski are Special Justice and Clerk, respectively, of said court. Section 941.03 , F.S....
...davit substantially charging the appellant with having committed a crime is the affidavit of Crosier. In this record we find no "indictment" or "information supported by affidavit" but we do find a "warrant." In this case the pertinent provisions of Section 941.03 , supra, are as italicized above, and the prescription that the warrant must be "supported" by an affidavit "made before a committing magistrate" is most material as to whether the record shows that the facts set forth in (a) and (b) supra bring appellant within the statute....
...ial or examination of the person charged with the crime." The record fails to show that Crosier, before whom the affidavit was taken, is such a "justice" as comes within the Massachusetts statute. He is not shown to be a committing magistrate, hence Section 941.03 , supra, has not been met....
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 1933388
...Likewise, under the uniform law the extradition process is primarily an executive function, in which the governor of the state from which the fugitive has fled may issue a written demand, or "requisition," to the governor of the asylum state to detain the fugitive and deliver her to the demanding state. §§ 941.03, .22, Fla....
...conviction or a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. § 941.03, Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19192
...Pardew,
49 So.2d 800 (Fla.1951), the prerequisites were set forth as follows: (1) Whether petitioner was the person charged. (2) Whether petitioner was substantially charged with a crime in the [demanding state]. (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....
...he accused was outside that state when the crime was committed. Clearly, the crime with which Soto is charged falls within the latter category. In Ennist v. Baden, supra, the court discussed the contents of an indictment which would satisfy Sections
941.03 and
941.06, supra: So, when the two sections [§§
941.03 &
941.06, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11714
...oster] was present in this State at the time of the commission of [the alleged offenses] and thereafter fled from the justice of this state.... ” There is no doubt that this request was sufficient to meet the requirements of law as provided for in section 941.03, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21971
...The warrant states that the crime for which it is issued is “theft by receiving,” committed in the State of Georgia. The issue thus presented is whether the original offense, committed in Georgia, or the probation violation, which occurred in Florida, forms the basis for and controls the extradition demand. Under Section 941.03, Florida Statutes, the extradition demand must allege that the person charged was present in the demanding state at the time the crime was committed and that thereafter he fled from the state....
...There has long been a principle of law in this state that if a person violates his probation, by an act in another state, that act constitutes a violation of the crime for which he is on probation. Therefore he may be extradited to the state which placed him on probation for that crime. The trial court, construing Section 941.03, Florida Statutes, correctly held that the extradition was based on the felony which occurred in Georgia....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3866
...Chapter 941, Florida Statutes, F.S.A., provides for extradition from Florida to another state of anyone charged with a criminal offense in the other state and whose removal from Florida is sought by that state for purpose of criminal prosecution therein. 1 Section 941.03 Florida Statutes, F.S.A., provides safeguards for such person so sought to be extradited from Florida by requiring certain requisites to be complied with by the demanding state before Florida will extradite....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1732, 1986 Fla. App. LEXIS 9303
...The trial judge denied his petition and this appeal ensued. Where, as here, a person has been tried, convicted and sentenced, a demand for extradition must be supported by a “copy of a judgment of conviction or of a sentence imposed in execution thereof.” § 941.03, Fla.Stat....
...ial court. DANAHY, C.J., and GRIMES, J., concur. . The state contends that our decision in Britton is incorrect in holding that a certificate of conviction signed by the clerk of a New York court does not comply with the requirement of sec *833 tion 941.03....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8193, 1991 WL 159147
...Hunt challenged extradition through a petition for writ of habeas corpus, which was granted. The circuit court reasoned that, in view of the state’s concession that Hunt was not in Ohio at any time relevant to the charges in the Ohio indictment, section 941.03, Florida Statutes (1989), precluded extradition....
...In contrast, section
941.06 provides:
941.06 Extradition of persons not present in demanding state at time of commission of crime— The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section
941.03 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter, not otherwise inconsistent, shall apply to s...
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5785
...delivered up to the executive authority of any state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.” (Emphasis added) The state relies on Fla.Stat. § 941.03, F....
