Re: Extradition WA CA
Posted by Who cares on 6/11/09
On 6/11/09, who are ya? wrote:
> and this was posted by a freaking law student
> or an attorney at law?
Dear who are ya:
Be careful reading posts on this board. You might encounter
something aside from a childish discussion on how to get around
ABA requirements to sit for the bar.
So here is what a Washington appellate court has to say about
extradition from WA .....
[In re Personal Restraint of Jian Liu 2009 WL 1543800 (Wash.App.
Div. 1, 2009)]
. . . .
Interstate extradition is controlled by the federal
constitution, which provides in part:
A person charged in any state with treason, felony, or other
crime, who shall flee from justice, and be found in another
state, shall on demand of the executive authority of the state
from which he fled, be delivered up, to be removed to the state
having jurisdiction of the crime. [U.S. Const. art. IV, § 2]
Like most other states, Washington has implemented the
requirements of the extradition clause by adopting the uniform
criminal extradition act (UCEA).
The UCEA provides that a person arrested pursuant to an
extradition warrant must appear in the court of the asylum state
to be informed of the charges. The person “has the right to
demand and procure legal counsel” and to “test the legality of
his arrest” through a writ of habeas corpus. Because the
extradition clause “was intended to enable each state to bring
offenders to trial as swiftly as possible in the state where the
alleged offense was committed,” the scope of inquiry in a
proceeding to challenge extradition is narrowly limited. The
court may consider only “(a) whether the extradition documents
on their face are in order; (b) whether the petitioner has been
charged with a crime in the demanding state; (c) whether the
petitioner is the person named in the request for extradition;
and (d) whether the petitioner is a fugitive.”
Given the limited factual matters at issue, defenses to
extradition are few, and those that require the fugitive's
personal knowledge even fewer. Nevertheless, a successful
defense may result in release from incarceration in the asylum
state. Thus the right to counsel.
Posts on this thread, including this one
- Extradition WA CA, 6/10/09, by Bill Steinman.
- Re: Extradition WA CA, 6/10/09, by Call an Attorney now !.
- Re: Extradition WA CA, 6/11/09, by answer.
- Re: Extradition WA CA, 6/11/09, by who are ya?.
- Re: Extradition WA CA, 6/11/09, by The Taliban.
- Re: Extradition WA CA, 6/11/09, by Who cares.
- Re: Extradition WA CA, 8/08/09, by Wow!!!.
- Re: Extradition WA CA, 8/08/09, by Wow!!.