Covert v. Lee

Supreme Court of Georgia

Decided October 28, 1986

Supreme Court of Georgia · decided 1986-10-28

Relies on Hutson v. Stoner · Wollweber v. Martin · Smith v. Bell

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-28

How this case has been cited

Cited by 36 later decisions — most recently September 2017 · most notably Ex Parte United Service Stations, Inc. (1993), 367 Pa. Super. 484 - Commonwealth v. Kyle (1987)

36 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, Justice.

¶1“The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979).” Smith v. Bell, 246 Ga. 577 (272 SE2d 309) (1980). Appellant contends that the superior court erred in denying his petition for a writ of habeas corpus since there was no evidence that he, Dan Covert, is the “Dan Covert” named in the Governor’s warrant. We disagree. “If he was not the person named in the Governor’s warrant, appellant had the burden to show that he was not. [Cit.] Here, the appellant did not deny that he was the person named in the Governor’s warrant.” Wollweber v. Martin, 226 Ga. 20, 23 (2) (172 SE2d 605) (1970).

¶2Judgment affirmed.

All the Justices concur.