St. Lawrence v. Bartley

I concur in the majority’s affirmance of the grant of Ms. Bartley’s petition for habeas corpus relief, but I am compelled to write separately so as to explain my reasons for doing so.

As the majority notes, there is a fundamental distinction between an extradition premised upon OCGA § 17-13-23 and an extradition proceeding brought pursuant to OCGA § 17-13-25. By its terms, OCGA § 17-13-23 requires a showing “that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from the state. . . .’’No such showing is required when…