Ex parte Sheffield

I agree that the State’s hearsay objection should have been overruled. Applicant was entitled to introduce his affidavit to place identity at issue. I cannot, however, accept the conclusion of the majority that the trial court’s refusal to consider applicant’s affidavit was harmless error. To the contrary, the exclusion of applicant’s specific denial of identity prevented him from overcoming the prima fade case for extradition.

After several factual allegations, the last sentence of applicant’s affidavit says, “I therefore deny that I am the same Joseph Sheffield who the State of Kansas seeks…