GERMAN SOLANO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GERMAN SOLANO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
417 So. 2d 302
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 8 cases
Opinion of the Court
FERGUSON, Judge.
In habeas corpus proceeding where Governor’s warrant of rendition otherwise complies with the essential requirements of the Uniform Extradition Act, Section 941.01 et seq., Florida Statutes (1981), an identity of names raises the presumption that petitioner is the same person named in the rendition warrant; petitioner is then required to go forward with proof that he is not the person named in the warrant. State ex rel. Florio v. McCreary, 123 Fla. 9, 165 So. 904 (1936); Ford v. Moses, 606 P. 2d 795 (Alaska 1980).
Order denying petition for writ is AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brunelle v. C.L. Norvell, 433 So. 2d 19 (Fla. 4th DCA 1983)…us, seeking to resist extradition. We affirm the trial court’s discharge of the petition. First, appellant did not overcome the presumption that he is the person named in the rendition warrant 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 affidav…
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State v. Perrera, 443 So. 2d 1016 (Fla. 5th DCA 1983)…vidence is not overcome by the mere refusal of the arrested person to admit he or she is the same person named in the warrant and a petition for habeas corpus should be denied. Brunelle v. Norveil, 433 So. 2d 19 (Fla. 4th DCA 1983), Solano v. State, 417 So. 2d 302 (Fla. 3d DCA 1982); State ex rel. Sklaroff v. Purdy, 219 So. 2d 723 (Fla. 3d DCA 1969). [*1017] The order granting the petitions for ha-beas corpus is REVERSED and REMANDED. ORFINGER, C.J., and WATSON, Associate Judge, concur. . See, e.g., 93…
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State v. Davila, 481 So. 2d 486 (Fla. 3d DCA 1985)…ccused, the documents standing alone are not sufficient to make a prima facie case. Cf. State v. Perrera, 443 So. 2d 1016 (Fla. 5th DCA 1983) (an identity of names raises presumption that petitioner is same person named in warrant); Solano v. State, 417 So. 2d 302 (Fla. 3d DCA 1982) (same). Where there is a discrepancy in the names but the extradition documents also include a photograph of the accused, along with an appropriate affidavit, a pri-ma facie case may be established. Miller v. Debekker, 668 P. 2d 9…
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- State v. McGreary, 123 Fla. 9 (Fla. 1936)