Johnson v. State

Court of Criminal Appeals of Alabama

Decided July 19, 1983

Court of Criminal Appeals of Alabama · decided 1983-07-19

Cited by 1 later decisions — most recently October 1995

1 state decisions

Key passage — most relied on by later courts

““Under Art. IV, § 2, [the Extradition Clause] the courts of the asylum state are bound to accept the demanding state’s judicial determination since the proceedings of the demanding state are clothed with the traditional presumption of regularity. In short, when a neutral judicial officer of the demanding state has determined that probable cause exists, the courts of the asylum state are without power to review the determination.””

quoted by 1 later decision, including Harris v. State

Relies on Michigan v. Doran

Good law ✅— No negative treatment on recordhow we know

Decided 1983-07-19

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BOWEN, Presiding Judge.

¶1This is an appeal from the denial of a petition for writ of habeas corpus. Johnson filed the petition to contest his extradition to the State of Mississippi on charges of capital murder and aggravated assault on a police officer.

¶2Johnson argues that the complaint and attached documents do not constitute a sufficient affidavit under Alabama Code Section 15-9-3 and Section 15-9-33 (1975), and do not support a finding of probable cause.

¶3The petition was properly denied. “(W)hen a neutral judicial officer of the demanding state has determined that probable cause exists, the courts of the asylum state are without power to review the determination.” Michigan v. Doran, 439 U.S. 282, 290, 99 S.Ct. 530, 536, 58 L.Ed.2d 521 (1978).

¶4The judgment of the circuit court is affirmed.

¶5AFFIRMED.

All Judges concur.