Legal Opinion · Dissent

In re Walton

California Court of Appeal

Decided June 26, 2002No. B153201Published

1Dissent

JOHNSON, Acting P. J., Dissenting.

“Even convicted criminals are entitled to be treated by their government in a fair and straightforward manner.” (Johnson v. Williford (9th Cir. 1982) 682 F.2d 868, 872.)

*950I respectfully dissent.

In this habeas corpus proceeding, a long-time California resident challenges an extradition order returning him to Georgia to serve the remaining term of a sentence for a 30-year-old crime. Unlike my colleagues, I conclude this is one of those extraordinarily rare instances where a state’s behavior in the extradition process itself—involving undue delay, earlier ignored…

2Cases cited22 opinions

  1. Michigan v. DoranSupreme Court of the United States · 1978
  2. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  3. Sweeney v. WoodallSupreme Court of the United States · 1953
  4. United States v. Lazy Fc RanchCourt of Appeals for the Ninth Circuit · 1973
  5. Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967

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