Legal Opinion

Beckwith v. Evatt

Court of Criminal Appeals of Tennessee

Decided June 3, 1991PublishedCited by 11 opinions

1Opinion of the Court

OPINION

WADE, Judge.

The petitioner, Byron de la Beckwith, appeals from the trial court’s denial of a writ of habeas corpus. The issue presented for review is whether the writ should have been granted, overriding the governor’s order of extradition.

The petitioner asserts that (1) he is not a fugitive; (2) the extradition documents are facially invalid; (3) he should have been granted an evidentiary hearing; (4) the rule of law placing the burden upon the petitioner to establish his absence from the demanding state is unconstitutional; (5) the rule of law requiring the petitioner to establish…

2Cases cited11 opinions

  1. Michigan v. DoranSupreme Court of the United States · 1978
  2. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  3. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  4. State Ex Rel. Byrd v. BomarTennessee Supreme Court · 1964
  5. California v. Superior Court of Cal., San Bernardino Cty.Supreme Court of the United States · 1987

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

3Cited by11 opinions

  1. Reed v. State Ex Rel. OrtizNew Mexico Supreme Court · 1997
  2. Johns v. BowlenCourt of Criminal Appeals of Tennessee · 1996
  3. Sneed v. StateCourt of Criminal Appeals of Tennessee · 1993
  4. State ex rel. Sneed v. LongTennessee Supreme Court · 1994
  5. Yates v. GillessCourt of Criminal Appeals of Tennessee · 1992

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

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