On petition for writ of certiorari to the Court of Criminal
Appeals of Alabama.
The motion of respondent for leave to proceed in forma pauperis
is granted. The petition for a writ of certiorari is denied.
Chief Justice BURGER, with whom Justice BLACKMUN and Justice
REHNQUIST join, dissenting.
I
On The demand consisted of four documents: (a) a verified
information; (b) an affidavit; (c) a warrant for respondent's
arrest; and (d) a formal request for extradition.
The information, dated August 20, 1979, charges that on or about
July 1, 1979, respondent was present in Bay County, Fla., and
obtained an automobile from one Stimmett by issuing a personal
check for $1,300 drawn upon a closed account at an Alabama bank.
After describing this transaction in detail and alleging that
respondent acted with knowledge that there were insufficient funds
on deposit to cover his check, the information charges that
respondent thereby
Page 452 U.S.
920 , 921
committed two felonies: (a) obtaining a motor vehicle with
intent to defraud and (b) passing a worthless check. [
Footnote 1] The information is verified by
an oath in which the prosecutor swears that the charges "are based
upon facts that have been sworn to as true, and which, if true,
would constitute the offense therein charged," and also that the
information "is filed in good faith."
The affidavit, sworn to before a Magistrate on August 31, 1979,
avers : the affiant is an investigator with the office of the State
Attorney in Panama City, Bay County, Fla.; the affiant has
investigated the offense; and "during the course of my
investigation, I obtained the following facts ," at which point the
affidavit substantially repeats the facts charged in each count of
the information.
The arrest warrant, pursuant to Florida law, was automatically
issued by the Clerk of the Circuit Court of Bay County upon the
filing of the verified information.
The request for extradition is signed by the Governor and
Secretary of State of Florida and bears the seal of the State of
Florida. It certifies that respondent "was present in [Florida] at
the time of the commission of said crime and thereafter fled from
the justice of this State"; that respondent has taken refuge in
Alabama; and that the other extradition documents are "authentic
and duly authenticated in accordance with the laws of the State of
Florida."
On October 11, 1979, the Governor of Alabama ordered extradition
"in obedience to the Constitution and the laws of the United States
and the laws of the State of Alabama" and issued a rendition
warrant. Pursuant to that warrant, Alabama placed respondent under
arrest.
Respondent immediately sought habeas corpus in the Circuit Court
of Etowah County, Ala. At the habeas hear-
Page 452 U.S.
920 , 922
ing, respondent admitted that he was the person sought in the
extradition papers; that he had traveled to Florida on the date in
question; that he had issued the check to Stimmett in return for
the car; that there had not been sufficient funds in the account at
the time he issued the check; that he had taken the car to Alabama
and sold it; and that he still owed the money for which his check
was tendered. Tr. 5-7.2 Respondent argued, however, that the
"certification" of the Florida extradition documents failed to
comply with the Alabama extradition statute. The Circuit Court
denied the writ.
The Alabama Court of Criminal Appeals reversed. 389 So. 2d 957
(1980 ). That court reasoned that the papers submitted by the
Florida authorities did not meet procedural requirements
purportedly implied by language of the Alabama extradition statute.
This statute (Uniform Criminal Extradition Act) provides:
"No demand for the extradition of a person charged with crime in
another state shall be recognized by the governor unless in writing
and accompanied by a copy of an indictment found, or by an
information supported by affidavit, in the state having
jurisdiction of the crime or by a copy of an affidavit made before
a magistrate there, together with a copy of any warrant which was
issued thereon. The indictment, information or affidavit made
before the magistrate must substantially charge the person demanded
with having committed a crime under the law of that state, and the
copy must be authenticated by the executive authority making the
demand, which shall be prima facie evidence of its truth." Ala.Code
15-9-31 (1975).
Page 452 U.S.
920 , 923
The statute also requires in pertinent part that the documents
supporting the demand must show that the accused
"is lawfully charged by indictment or
by an information filed by a prosecuting officer and supported by
affidavit to the facts, or by affidavit made before a magistrate in
that state, with having committed a crime under the laws of that
state . . . ." Ala.Code 15-9-33 (1975).
The Court of Criminal Appeals interpreted these statutory
provisions to require that an affidavit, based upon personal
knowledge, must coincide with and be attached to the information.
The court concluded that Florida had failed to satisfy the Alabama
statute because the affidavit "is not sufficient in law to support
the information which is dated some eleven days earlier," because
it "is not attached" to the information, and because "there is no
showing of any personal knowledge on [the affiant's] part of the
source, or reliability of the facts asserted in the affidavit ."
389 So.2d, at 960. It is uncontroverted that Florida law imposes
none of these requirements,3 and that under Florida law, respondent
will be accorded a nonadversary probable-cause hearing within 72
hours of the time Florida takes custody. [
Footnote 4]
II
Article IV, 2, cl. 2, of the United States Constitution
provides:
"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
Page 452 U.S.
920 , 924
up, to be removed to the State having Jurisdiction of the
Crime."
The Extradition Clause expressly turns on the existence of a
"charge," not on what types or quantities of proof support the
charge. It mandates that extradition shall be "a summary and
mandatory executive proceeding." Michigan v. Doran,
439 U.S.
282, 288, 535 ( 1978). The Clause does not permit the asylum
state's courts to weigh the evidence upon which the "Demand of the
executive Authority" of a sister state is based. Instead, the
asylum state 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.' " Pacileo v. Walker,
449 U.S.
86, 87, 309 (1980), quoting Doran, supra, at 289.
The decision of the Court of Criminal Appeals plainly exceeds
the permissible scope of determining "whether the extradition
documents on their face are in order" and "whether the defendant
has been charged with a crime in the demanding state." Under the
guise of simply considering whether the documents were facially in
order, the Alabama court actually imposed a requirement that
Florida's documents must satisfy the Alabama court's particular
view of probable cause to arrest. Although Doran involved a
situation in which the demanding state had already made a judicial
determination that probable cause existed, see 439 U.S., at 284, I
perceive no material difference between that case and the present
case. In either situation, an asylum state must look to the "
charge"; it is not free to substitute its own judgment for the
probable- cause determination to be made by the demanding state's
courts. " 'To allow plenary review in the asylum state of issues
that can be fully litigated in the charging state would defeat the
plain purposes of the summary and man-
Page 452 U.S.
920 , 925
datory procedures authorized by Art. IV, 2.' " Pacileo v.
Walker, supra, at 88, quoting Doran, supra, at 290.
Florida's demand was supported by a verified information
charging respondent with felonies allegedly committed by him while
he was present in Florida, an arrest warrant, and the affidavit
made before the Magistrate. These documents more than satisfied
Florida requirements for the commencement of a prosecution, and
respondent makes no argument that those requirements are
unconstitutional. Although we would have no occasion in this case
to decide whether Alabama could constitutionally require all of
these papers,5 it is certain that Alabama was entitled to no more.
In overturning an order of the Governor of Alabama which expressly
rested on the United States Constitution and which was prima facie
evidence "that the constitutional and statutory requirements have
been met," Doran, supra, at 289, the Alabama court based its
decision on a strained view of the relevant law. In Doran, we took
pains to emphasize that the purpose of the Extradition Clause "was
to preclude any state from becoming a sanctuary for fugitives from
justice of another state and thus 'balkanize' the administration of
criminal justice among the several states." 439 U.S., at 287.
The papers submitted by Florida plainly show that respondent is
charged with a crime in Florida and that he is a fugitive from
justice. Notwithstanding our heavy workload, the conflict between
this decision and Doran is so obvious as to warrant a grant of
certiorari and summary reversal of the judgment. [
Footnote 6]
Footnotes
Footnote 1 Each of these
offenses is punishable as a felony in the third degree, subject to
a fine of up to $5,000 and a term of imprisonment not exceeding
five years. Fla.Stat. 817.52, 832.05; and 775.082(3)(d),
775.083(1)(c) (1979).
Footnote 2 Respondent
testified that the account "wasn't supposed to be a closed bank
account" at the time he wrote the check and that he had told
Stimmett that there were insufficient funds in the account and that
he would have to return to Alabama and put more money in the bank.
Tr. 6, 8.
Footnote 3 See Fla.Rule
Crim.Proc. 3.140(g); State v. Bacon, 385 So. 2d 1160, 1163
(Fla.App.1980).
Footnote 4 See Fla.Rule
Crim.Proc. 3.131(a). This Rule allows a finding of probable cause
to be based upon "sworn complaint, affidavit, deposition under
oath, or, if necessary, upon testimony under oath properly
recorded."
Footnote 5 In particular, we
need not decide whether an asylum state may constitutionally insist
that the demanding state must, in every case in which prosecution
is initiated by information, produce some sort of affidavit in
addition to a verified information.
Footnote 6 The decision of
the Alabama court is particularly egregious when viewed in light of
respondent's testimony at the habeas hearing in the Alabama Circuit
Court. Respondent expressly admitted that he was the person named
in the extradition papers, that he had gone to Florida and
committed the actus reus alleged, and that he had returned to
Alabama after doing so. In other words, with the sole exception of
state of mind, respondent admitted every element of the offenses
charged, and he also admitted having crossed the state line
afterward.
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