Lively v. Fulcher

Hill, Justice.

Appellant Gary Lively is charged with escape from the State of Arkansas. The Governor of that state demanded of the Governor of this state that he be extradited. Pursuant to Lively’s request, an extradition hearing was scheduled. That hearing was held, over Lively’s objection, before the assistant executive counsel to the Governor. See Code Ann. § 40-1614.1.

Lively appeals the denial of habeas corpus contending that the Governor must personally conduct extradition hearings. He argues that because extradition is a summary proceeding under Michigan v. Doran, 439 U. S. 282 (99 SC…