Legal Opinion

Ex parte Day v. State

Court of Appeals of Texas

Decided September 14, 1988No. 08-88-00217-CRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

OSBORN, Chief Justice.

This is an appeal from a denial of habeas corpus relief from extradition to the State of Ohio, pursuant to a valid governor’s warrant. In two points of error, Appellant contends that the trial court erred in denying such release and ordering his discharge due to the manner in which he was removed from the Republic of Mexico and placed in custody in Texas. We affirm.

The general rule is that the illegality of one’s transport into a rendering state will not preclude his extradition to a sister state under proper requisition and governor’s warrant. Frisbie v. Collins,…

2Cases cited7 opinions

  1. Frisbie v. CollinsSupreme Court of the United States · 1952
  2. United States v. Francisco ToscaninoCourt of Appeals for the Second Circuit · 1974
  3. United States ex rel. Lujan v. GenglerCourt of Appeals for the Second Circuit · 1975
  4. United States v. Angel John ZabanehCourt of Appeals for the Fifth Circuit · 1988
  5. United States v. Humberto LopezCourt of Appeals for the Fifth Circuit · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Day v. State, Texas Court of Appeals, 8th District (El Paso)1988

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