Legal Opinion · Dissent

In Re Klock

California Court of Appeal

Decided July 12, 1982No. Crim. 23747Published

1DissentFeinberg, J.

I dissent,as I believe that the petitioner’s waiver of extradition signed in New York was effective because Penal Code section 11177, subdivision (3)1 (a part of the Uniform Act for Out-of-State Probationer or Parolee Supervision (Uniform Compact) (Pen. Code, § 11175 et seq.)) provides an alternative method for the return of a fugitive from justice.

A fugitive is defined as one who, having committed a crime in one state, leaves it and is found in another. (People v. Superior Court (Lopez)* (Cal.App.)) Petitioner is a fugitive. Parole violation is an extraditable offense. (Forester v.…

2Cases cited23 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. In Re SchoengarthCalifornia Supreme Court · 1967
  3. In Re PattersonCalifornia Supreme Court · 1966
  4. In Re Pierce v. SmithWashington Supreme Court · 1948
  5. Eugene Forester v. The California Adult AuthorityCourt of Appeals for the Eighth Circuit · 1975

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