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410 So. 2d 479

Owens v. State

Court of Criminal Appeals of Alabama · decided 1982-03-02

Relies on Michigan v. Doran · Hendrix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-02

How this case has been cited

Cited by 26 later decisions — most recently August 2015 · most notably 414 So. 2d 998 - Dickerson v. State (1982), 238 N.J. Super. 445 - State v. Todd (1990)

26 state decisions

1201982199020002010decided

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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BOWEN, Judge.

¶1This is an appeal from the denial of a petition for writ of habeas corpus. The petition was filed by petitioner to contest his extradition to the State of South Carolina on a charge of armed robbery.

¶2The issue is stated by petitioner as follows: “Does the accused in an extradition proceeding have the right to examine (the) physical description given by the victims from the demanding state in order to ascertain whether the identity of the alleged perpetrator of the offense in the requesting state corresponds or matches the physical identity or description of the accused and petitioner in a habeas corpus hearing resisting the extradition?”

¶3Under Michigan v. Doran, 439 U.S. 282, 99 S.Ct. 530, 58 L.Ed.2d 521 (1978), this factual issue is beyond the scope of the judicial inquiry which may be had in the asylum state once the governor of the asylum state has acted on a requisition for extradition based upon the demanding state’s judicial determination that probable cause existed.

¶4The trial court correctly ruled that with regard to the defense of misidentification the only issue is whether the petitioner is the person named in the request for extradition. Doran, 99 S.Ct. at 535. This issue was not disputed.

¶5The judgment of the circuit court denying the petition for writ of habeas corpus is affirmed. See Hendrix v. State, 405 So.2d 53 (Ala.Cr.App.1981).

¶6AFFIRMED.

All Judges concur.
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