T. A. BUCHANAN, SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT,
v.
STATE OF FLORIDA EX REL. VERNE L. BARTLING, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A court should not discharge a person arrested under a governor's rendition warrant if there is merely contradictory evidence regarding their presence in the demanding state.
The appellee sought habeas corpus to avoid rendition to Louisiana for forgery, claiming he was not present in Louisiana when the crime occurred. The e…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rendition Warrant cases and more on FLexlaw
The appellee, Verne L. Bartling, instituted a habeas corpus proceeding in the court below to contest a rendition warrant issued by the Governor of Florida for his return to the State of Louisiana to answer an indictment charging him with the crime of forgery. Following a hearing the trial court ordered the appellant to release the appellee from his custody.
The appellee attempted to prove by the evidence submitted in support of his petition that he was not present in the demanding state at the time of the commission of the crime. On this issue the evidence offered by the contending parties was in conflict.
Where there is merely contradictory evidence on the issue of presence in or absence from the demanding state the court *510■should not discharge one arrested under the governor’s warrant.1
We have found that there is competent evidence to sustain the warrant and that the appellee failed to overcome the prima facie case made by the rendition warrant. Therefore, the judgment of the ■court below discharging the appellee from •custody was erroneous.
Accordingly, the judgment appealed ■from should be reversed.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bonazzo v. Michell, 221 So. 2d 186 (Fla. 4th DCA 1969)…appealed from is affirmed. Affirmed. CROSS and OWEN, JJ., concur. . State ex rel. Kimbro v. Starr, Fla.1953, 65 So. 2d 67. . F.S.1967, Section 941.20, F.S.A. . White v. Penton, 1926, 92 Fla. 837, 110 So. 533. . Buchanan v. State, Fla.App.1966, 185 So. 2d 509; Rion v. Purdy, Fla.App.1968, 212 So. 2d 304. . Chase v. State, 1927, 93 Fla. 963, 113 So. 103, 54 A.L.R. 271; State ex rel. Florio v. McGreary, 1936, 123 Fla. 9, 165 So. 904. . Rion v. Purdy, Fla.App.1968, 212 So. 2d 304; State ex rel. Kimbro v.…
-
Di Piero v. State, 300 So. 2d 700 (Fla. 3d DCA 1974)…el. Burch, 93 Fla. 963, 113 So. 103, 54 A.L.R. 271 (1927) ; State ex rel. Kimbro v. Starr, Fla.1953, 65 So. 2d 67; Pecnik v. Blackburn, Fla.App. 1961, 132 So. 2d 604; Trice v. Blackburn, Fla.App.1963, 153 So. 2d 32; Buchanan v. State, Fla.App. 1966, 185 So. 2d 509. At a habeas corpus hearing growing out of a rendition proceeding, the Governor’s warrant, itself, serves as the one crucial item of evidence of the facts stated therein, 'thereby shifting the burden to the petitioner. In short, it is encumbent upo…
-
State v. Scoratow, 456 So. 2d 922 (Fla. 3d DCA 1984)…nce in or absence from the demanding state, the court should not discharge one arrested under the governor’s warrant. State ex rel. Kimbro v. Starr, supra; Turiano v. Butterworth, supra; Bonazzo v. Michell, supra; Buchanan v. State ex rel. Bartling, 185 So. 2d 509 (Fla. 3d DCA 1966). We have found that there is competent evidence to support the governor’s rendition warrant and that the petitioner failed to overcome the prima facie case made by the warrant. Therefore the judgment discharging the accused, Scor…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State ex rel. Kimbro v. Starr, 65 So. 2d 67 (Fla. 1953)