Legal Opinion

Birmingham v. Larson

Utah Supreme Court

Decided November 22, 1971No. 11806PublishedCited by 1 opinion

1Opinion of the Court

ELLETT, Justice:

The appellant was arrested on a governor’s warrant based upon a request for extradition to the State of Louisiana. This appeal is from an adverse ruling in a habeas corpus proceeding. The appellant contends that the request of the demanding state is not sufficient in law to warrant the granting of extradition.

Our statute 1 sets out the requirements for the issuance of a governor’s rendition warrant. Those requirements in substance are:

1. A written request from the executive authority of the demanding state alleging (a) that the accused was present in the demanding state at the…

2Cases cited2 opinions

  1. State Ex Rel. Treseder v. RemannWashington Supreme Court · 1931
  2. Little v. BecksteadUtah Supreme Court · 1961

3Cited by1 opinion

  1. State Ex Rel. Clayton v. WolkeWisconsin Supreme Court · 1975

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