State v. Diaz

2 Citing cases

  1. France v. Judd

    932 So. 2d 1263 (Fla. Dist. Ct. App. 2006)   Cited 2 times

    The import of this requirement is to demonstrate either that there has been a judicial determination of probable cause to believe that the accused committed the crime for which she is wanted or that she has been convicted of it. See, e.g., Shapiro v. State, 456 So.2d 968 (Fla. 2d DCA 1984); State v. Diaz, 440 So.2d 1318 (Fla. 3d DCA 1983); Chesser v.Dougherty, 417 So.2d 1164 (Fla. 1st DCA 1982). If the asylum state governor determines that the demand is in order and should be honored, he must issue a warrant for the arrest of the fugitive.

  2. State v. Scoratow

    456 So. 2d 922 (Fla. Dist. Ct. App. 1984)   Cited 4 times

    The law is well settled that an executive warrant which is regular on its face and which complies with the essential statutory requirements establishes a prima facie showing of the propriety of extradition. State v. Diaz, 440 So.2d 1318 (Fla. 3d DCA 1983); Moore v. State, 407 So.2d 991, 992 (Fla. 3d DCA 1981), and cases cited therein. The burden is on the accused, in habeas corpus proceedings such as this one, to "overthrow conclusively the presumption against him."