Legal Opinion

Covert v. Lee

Supreme Court of Georgia

Decided October 28, 1986No. 43903PublishedCited by 1 opinion

1Opinion of the Court

Bell, Justice.

“The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979).” Smith v. Bell, 246 Ga. 577 (272 SE2d 309) (1980). Appellant contends that the superior court erred in denying his petition for a writ of habeas corpus since there was no evidence that he, Dan Covert, is the “Dan Covert” named in the Governor’s warrant. We disagree. “If he was not the person named in the Governor’s warrant, appellant had the burden to show that he was not.…

2Cases cited4 opinions

  1. Hutson v. StonerSupreme Court of Georgia · 1979
  2. Gunn v. StateSupreme Court of Georgia · 1979
  3. Wollweber v. MartinSupreme Court of Georgia · 1970
  4. Smith v. BellSupreme Court of Georgia · 1980

3Cited by1 opinion

  1. Amado v. StateSupreme Court of Georgia · 1992

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