Florida/Georgia Personal Injury & Workers Compensation

...that an extraditable crime has been committed under the laws of the demanding state." Fla. Stat. § 941.07 (1973). Once arrested, the judicial remedy for an accused fugitive who opposes his extradition is to seek a writ of habeas corpus. Fla. Stat. § 941.10 (1973)....

...om within its borders.” Id. at 448 , 101 S.Ct. at 711-12 . Frankie Mann claims that Florida is “the sending State” in his case since he is actually within its borders, and thus he argues that under Cuyler he should benefit from Florida Statute § 941.10, which provides for a “judicial determination” of the propriety of his transfer....

...ccused is an escapee or has otherwise broken the terms of his sentence. Section 941.03, Florida Statutes (1979). When the governor of the asylum state issues his rendition warrant, the accused may challenge the warrant in a habeas corpus proceeding. Section 941.10, Florida Statutes (1979)....

...Parlapiano, Public Defender, for petitioner. Robert L. Shevin, Atty. Gen., Richard W. Prospect, Asst. Atty. Gen., for respondents. MILLS, Judge. We deny, but without prejudice, petitioner's application for habeas corpus because the trial court failed to follow the procedure set forth in Section 941.10(1), Florida Statutes (1975)....

...State of Florida to arrest the petitioner and to deliver him, subject to the provisions of Chapter 941, Florida Statutes (1975), to the duly authorized agent of the State of Louisiana. Petitioner was arrested and in accordance with the provisions of Section 941.10(1) was taken before a circuit judge of the Eighth Judicial Circuit. Section 941.10(1) states: "No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of...

...ormed the court that he desired to test the legality of his arrest, the court immediately heard and ruled upon the evidence concerning the legality of his arrest, failing to require him to file an application for writ of habeas corpus as required by Section 941.10(1). In addition, at the conclusion of the proceeding, the trial court gave petitioner time to apply to this Court for a writ of habeas corpus. The latter two actions by the trial court were improper. At the initial proceeding under Section 941.10(1), the trial court is permitted to do no more than (1) inform the accused that he is wanted in another state and for what crime, (2) inform the accused that he has a right to counsel and (3) if the accused or his counsel states that h...

...Although the procedure followed by the trial court was an expeditious one and although petitioner was given the opportunity to challenge the legality of his arrest and obtained an adverse ruling, we are compelled to require the trial court to comply with the procedure set forth in Section 941.10(1). *833 Remanded to the trial court with directions to fix a reasonable time to be allowed petitioner within which to apply for a writ of habeas corpus in the trial court and to otherwise comply with the provisions of Section 941.10(1)....

...The governor examines the demand to see that it contains the allegations required by Section 941.03, supra. Upon determining that the demand should be honored, the governor issues a warrant of arrest. A fugitive who opposes extradition may seek a writ of habeas corpus. § 941.10, Fla....

...of the demanding state. Illinois ex rel. McNichols v. Pease, 207 U.S. 100, 109, 28 S.Ct. 58, 61, 52 L.Ed. 121 (1907); Roberts v. Reilly, 116 U.S. 80, 94-95, 6 S.Ct. 291, 299-300, 29 L.Ed. 544; Crumley v. Snead, 620 F.2d 481, 483 (5th Cir.1980). See section 941.10, Florida Statutes (1983)....

...Appellant appeals the denial of his petition for writ of habeas corpus challenging his extradition, contending that the trial court erred in denying him, an indigent, representation by court-appointed counsel. Based upon our conclusion that claimant was statutorily entitled to counsel pursuant to section 941.10(1), Florida Statutes (1989), we reverse and remand for further proceedings....

...In this appeal, appellant contends that he was constitutionally entitled to court-appointed counsel based upon the Sixth Amendment to the United States Constitution, as well as the due process and equal protection clauses of the Fourteenth Amendment; and that he was statutorily entitled to counsel under section 941.10(1) of Florida’s extradition law, Chapter 941, Part 1, Uniform Interstate Extradition, sections 941.01-941.42, Florida Statutes (1989). We decline to reach the appellant’s constitutional arguments, because we find a statutory basis in section 941.10(1) for appointed counsel. At the outset, it is necessary to explain why our decision is grounded upon section 941.10(1), which is encompassed within Florida's extradition law, when appellant’s transfer was sought under IAD, which as adopted in Florida does not require those having custody of the prisoner to advise him of his right to counsel....

...stody request. Therefore, all that remains for this court to determine is whether the procedural safeguards afforded by Florida’s extradition law include the right to court-appointed counsel at the habeas corpus proceeding challenging extradition. Section 941.10(1) provides: No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of...

...to the state attorney for the county in which the arrest is made, and in which the accused is in custody, and to the said agent of the demanding state. No Florida court has yet been asked to decide whether the right to counsel language contained in section 941.10(1) encompasses an indigent’s right to court-appointed counsel....

...endant). In this case, the subsequent proceedings are an appearance before the circuit court for surrender, should the Governor issue a warrant for extradition, followed by a habeas hearing at which the legality of the extradition may be tested. See § 941.10(1), Fla....

habeas corpus proceedings brought pursuant to section 941.10, Florida Statutes (1983), is extremely limited

extradition rights of an accused person are set forth in § 941.10, Florida Statutes (1979), a law administered by

...On this appeal, the appellant does not challenge the ruling of the trial judge as to the sufficiency of the extradition papers. The only issue which he raises is that he had a right to be present at the hearing on the petition for writ of habeas corpus. In his briefs, the appellant asserts that he has rights under section 941.10, Florida Statutes (1985), and indicates that he may wish to raise the issues (a) whether the extradition documents on their face are in order; (b) whether the appellant has been charged with a crime in the demanding state; (c) whether...

PER CURIAM. We reverse the trial court order which denied appellants’ petition for writ of habe-as corpus without a hearing, which petition challenged the sufficiency of certain extradition proceedings. We do so upon the authority of Section 941.10, Florida Statutes (1983); Fauls v....