STATE OF FLORIDA EX REL. MARTIN SKLAROFF, APPELLANT,
v.
E. WILSON PURDY, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLEE
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An executive Rendition Warrant, regular on its face, and its annexed documents certified by the demanding state's governor, constitute prima facie evidence for extradition, sufficient absent contrary proof.
Appellant was arrested on an extradition warrant and sought habeas corpus, but did not deny his identity or attack the extradition documents. The stat…
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Appellant, Martin Sklaroff, was arrested by the appellee on a Rendition Warrant issued by the Governor of Florida for appellant’s extradition to the state of New York.
Appellant sued out a writ of habeas corpus. No attack was made on the extradition documents annexed to the warrant. Petitioner did not deny his identity in his petition, but did allege that he had no knowledge as to whether he was the person named in the New York indictment upon which the extradition warrant was based.
At the hearing the state introduced only the extradition documents. The petitioner offered no evidence. Whereupon the court remanded the petitioner for rendition.
Appellant seeks reversal, on the ground that the state failed to offer sufficient evidence as to the identity of the petitioner. We cannot agree.
An executive Rendition Warrant issued by the Governor of Florida, regular on its face, and the documents annexed thereto, certified by the Governor of the demanding state to be authentic, constitute *724prima facie evidence of the facts therein stated, and such recitals are sufficient for extradition in the absence of any evidence to the contrary or contradicting- proof whatever. Chase v. State, 93 Fla. 963, 113 So. 103, 54 A.L.R. 271; State ex rel. Florio v. McCreary, 123 Fla. 9, 165 So. 904; Cox v. State, Fla.App. 1965, 180 So.2d 467; Trice v. Blackburn, Fla.App.1963, 153 So.2d 32.
By failing to offer any evidence of his own to rebut the state’s prima facie showing of correctness of identity, the petitioner thereby also failed to meet his burden of overcoming such prima facie proof. Therefore, the court was correct in entering its final judgment of remand.
This court finding no error, the judgment is hereby affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kohler v. Sandstrom, 305 So. 2d 76 (Fla. 3d DCA 1974)…y under these circumstances, because the extradition warrant is prima facie evidence and, therefore, the judgment of the trial court should be affirmed. We agree with this contention on the aúthority of State ex rel. Sklaroff v. Purdy, Fla.App.1969, 219 So. 2d 723. In a habeas corpus proceeding contesting the validity and propriety of an extradition warrant issued by the governor, the accused has the burden to overcome by competent proof the prima facie case made by the extradition warrant. State ex rel. Kim…
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Moore v. State, 407 So. 2d 991 (Fla. 3d DCA 1981)…he essential requirements, it constitutes evidence of the facts therein stated and of the authority of the officer to arrest and detain the petitioner. State ex rel. Huston v. Clark, 121 Fla. 161, 163 So. 471 (1935); State ex rel. Sklaroff v. Purdy, 219 So. 2d 723 (Fla.3d DCA 1969). Consequently, when the jurisdictional requirements were met, a prima facie case of regularity of extradition was established. State v. Gale, 312 So. 2d 824 (Fla.4th DCA 1975), cert. denied, 327 So. 2d 32 (Fla.1976). No evidence wa…
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State v. Perrera, 443 So. 2d 1016 (Fla. 5th DCA 1983)…o 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 A.L.R.2d 912, §§ 10-11; 39A C.J.S. Habeas Corpus § 192; 39 Am.Jur.2…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chase v. The State of Fla. ex rel. H. L. Burch, 93 Fla. 963 (Fla. 1927)
- State v. McGreary, 123 Fla. 9 (Fla. 1936)
- Haywood Trice v. Blackburn, 153 So. 2d 32 (Fla. 2d DCA 1963)
- Gideon Ezekiel McDANIELS v. McDANIELS, 180 So. 2d 467 (Fla. 1st DCA 1965)
- Boyd W. COX, Jr. v. State, 180 So. 2d 467 (Fla. 2d DCA 1965)