State of South Dakota v. Brown

Opinion

RICHARDSON, J.

We examine the nature of the extradition powers and duties of the Governor of California. Is a mandatory obligation to comply with the extradition demand of another state imposed upon him by either the extradition clause of the United States Constitution (art. IV, § 2, cl. 2) or the provisions of California’s Uniform Criminal Extradition Act (Pen. Code, § 1548 et seq.)? If so, may the courts of this state compel the Governor to discharge that duty? We will conclude that although the Governor’s duty may be characterized as “mandatory,” the judicial enforcement thereof is…