Legal Opinion

Kelly v. State ex rel. Rosenthal

District Court of Appeal of Florida

Decided January 29, 1963No. 62-346PublishedCited by 2 opinions

1Opinion of the Court

BARKDULL, Judge.

By this appeal, the appellant seeks review of an order discharging the appellee, petitioner in a habeas corpus proceedings.

The record discloses that the appellee-petitioner was taken into custody upon a rendition warrant issued by the Governor of the State of Florida. The trial judge found “as a matter of law that the said executive rendition warrant is insufficient under the laws of the United States and the Constitution of the United States in that said rendition warrant fails to show upon its face facts that warrant its sufficiency and therefore said petition for writ of…

2Cases cited2 opinions

  1. State Ex Rel. Jos. Peck v. ChaseSupreme Court of Florida · 1926
  2. Ex parte PowellSupreme Court of Florida · 1884

3Cited by2 opinions

  1. State ex rel. Owens v. BoyerDistrict Court of Appeal of Florida · 1968
  2. State ex rel. Burnstine v. PurdyDistrict Court of Appeal of Florida · 1969

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