MCKINLEY LEE TREADWAY, PETITIONER,
v.
WILLIAM R. HEIDTMAN, SHERIFF OF PALM BEACH COUNTY, FLORIDA, RESPONDENT
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The court held that the statute permits only one recommitment for extradition, not successive ones, and therefore the petitioner is entitled to immediate release.
Petitioner was arrested for extradition and remanded to custody multiple times. After the initial period and a first extension, the court ordered a se…
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OWEN, Chief Judge.
By petition for writ of habeas corpus, McKinley L. Treadway seeks his release from custody of the Sheriff of Palm Beach County. We conclude from the petition and the return filed pursuant to the rule to show cause that petitioner is entitled to his immediate release from custody.
Under provisions of the uniform criminal extradition law, petitioner was arrested and having declined to waive extradition, the circuit judge before whom he had been brought remanded him to custody of the respondent for a period of thirty (30) days as provided in, F.S., Section 941.15, F.S.A. Upon completion of this period of thirty days, and because the Governor’s warrant had not been received, the court thereupon remanded petitioner to the custody of the respondent for a further thirty-day period pursuant to, F.S., Section 941.17, F.S.A. That extension expired October 5, 1973. On this latter date, petitioner was again brought before the court and in the ab-sense of a Governor’s warrant having been received, the court once again and over objection of petitioner’s counsel, remanded petitioner to the custody of respondent for a further thirty-day period of time.
It is our judgment that Section 941.17 permits the judge to recommit an accused one time for a period not to exceed sixty days. It does not permit two or more successive recommitments even though the aggregate period of time thereof does not exceed sixty days. People v. White, 2 Mich.App. 493, 140 N.W. 2d 578 (1966).
Petitioner is presently in custody under the second recommitment by the court entered on October 5, 1973. Such second recommitment is not authorized under the statute, and he is entitled to be immediately released from respondent’s custody. It is so ordered.
Granted.
MAGER and DOWNEY, JJ., concur.
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Hill v. William T. "Bill" Roberts, 359 So. 2d 911 (Fla. 2d DCA 1978)…t was ever intended that a person could be held indefinitely as a fugitive from justice pursuant to the authority of 18 U.S.C. § 3182 (1948) without some action to receive him being taken on the part of the demanding state. See Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973). Here there was some delay attributable to appellant caused by the pendency of his first petition for writ of habeas corpus, during which time he was not available for extradition. However, from the date of issuance of this cour…
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Carter v. Coleman, 443 So. 2d 491 (Fla. 2d DCA 1984)…mitted to county jail or admitted to bail for a maximum period of ninety days to await the requisition and enable his expeditious arrest under a Governor’s warrant. §§ 941.-13, 941.15, 941.16, 941.17, Fla.Stat. (1981); see also Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973). For these reasons, we construe the language in the trial court’s order to mean [*493] that the trial court, in compliance with section 941.17, Florida Statutes (1981), intended only to dismiss its own court proceedings and to d…
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Paley v. Bieluch, 785 So. 2d 692 (Fla. 4th DCA 2001)…that is available to test extradition. See Leichtman v. Singletary, 674 So. 2d 889, 892 n. 1 (Fla. 4th DCA 1996) (listing types of cases in which habeas corpus remains available, after postconviction relief rules were adopted); Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973) (granting petition for writ of habeas corpus sought against sheriff by prisoner being held for extradition, where prisoner was being held for his second successive recommitment following original commitment). Section 941.02 make…