People v. Cheek

The State appeals from the trial court’s order discharging the defendant following an extradition hearing upon a petition for a writ of habeas corpus. The seminal facts are relatively uncomplicated.

On March 16, 1980, defendant was arrested in Normal, Illinois. No complaints or charges were filed against him for any criminal activity in Illinois. The State filed a complaint in extradition on March 24, 1980, requesting commitment of the defendant to allow Florida authorities to obtain a governor’s warrant for extradition.

On May 5, 1980, a demand from the Governor of Florida for the return of…