T. A. BUCHANAN, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT,
v.
STATE OF FLORIDA EX REL. RAYMOND L. FORTIN, APPELLEE
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An extradition defendant, after an order of remand in habeas corpus, may not be released on bail pending appeal from that order.
An extradition defendant sought release on bond pending appeal after an order of remand in his habeas corpus proceeding. The Governor of Florida had i…
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Appellant has moved for reversal of a circuit court order providing for release on bond of an extradition defendant (after issuance by the Governor of Florida of an executive warrant of interstate extradition,1) pending his appeal from an order of remand entered in his unsuccessful proceeding in habeas corpus. See Tomarchin v. Kelly, Fla.App. 1960, 118 So.2d 788.
Under the established rule of law, recognized and pronounced by the Supreme Court of Florida and by this court, when an executive warrant of extradition has issued in the asylum state and habeas corpus is denied and an order of remand entered, the fugitive may not be enlarged on bail pending appeal therefrom. State ex rel. Stringer v. Quigg, 91 Fla. 197, 107 So. 409; Llerandi v. Blackburn, Fla.1957, 97 So.2d 247; Tomarchin v. Kelly, supra.
The extradition defendant is free to take an appeal from the order of remand in the habeas corpus action, and to remain in the asylum state pending the outcome of his appeal, but if he elects to appeal here, rather than to be returned to the demanding state where he would be entitled to bail, he must do so pursuant to the rules of law in the asylum state which preclude him from bail pending such appeal. In recognition of the nature of the case, and as contemplated by the statute (§ 79.11, Fla.Stat., F.S.A.), an appeal by the unsuccessful petitioner in habeas corpus may be expected to *99receive prompt consideration with or without motion to advance or expedite.
The challenged provision of the said order on habeas corpus which granted release on bond in this case is contrary to law and clearly erroneous; and the order for release of the extradition defendant pending his appeal from the habeas corpus judgment is hereby reversed on the authority of the cited cases.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buchanan v. State of Fla. ex rel. Mark M. Weiss, 166 So. 2d 596 (Fla. 3d DCA 1964)…eld under an extradition war [*597] rant should not be enlarged on bail pending a decision in a habeas corpus proceedings. See 8 Am.Jur.2d, Bail and Recognizance, § 11, p. 790. Florida has followed the general rule. Buchanan v. Fortin, Fla.App.1964, 159 So. 2d 98; Tomarchin v. Kelly, Fla.App.1960, 118 So. 2d 788. The rule does not seem, however, to be the same where the person is arrested pending a request from the demanding state for the issuance of an extradition warrant by an executive of the asylum state…
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State v. Buchanan, 24 Fla. Supp. 200 (Dade Cty. Cir. Ct. 1965)…r release on bail must be denied under the authority of State v. Quigg, 107 So. 409, a landmark decision with an opinion by Justice Louie Strum which is thorough and exhaustive; Tomarchin v. Kelly, Fla. App. 1960, 118 So. 2d 788; Buchanan v. Fortin, 159 So. 2d 98; and Buchanan v. Weiss, 166 So. 2d 596. Thereupon, it is considered, ordered and adjudged that the relator, James Miller, be, and he hereby is, remanded into the custody of respondent for rendition to the agents of the state of Tennessee and that h…
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Fortin v. Buchanan, 165 So. 2d 462 (Fla. 1964)…Certiorari denied without opinion. 159 So. 2d 98.…
Authorities Cited
- State v. Quigg, 91 Fla. 197 (Fla. 1926)
- Parkway Apts., Inc. v. Willner, 97 So. 2d 247 (Fla. 1957)
- Tomarchin v. Kelly, 118 So. 2d 788 (Fla. 3d DCA 1960)