Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973). · Go Syfert
Search
Treadway v. Heidtman, 284 So. 2d 473 (Fla. 4th DCA 1973). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Adam Phillip Ives v. State of Alaska (alaskactapp, 2023-10-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Adam Phillip Ives v. State of Alaska
Alaska Ct. App. · 2023 · confidence medium
We have been unable to locate a single case from any jurisdiction that interprets the UCEA (or other state equivalent) to authorize more than one period of commitment.38 Indeed, some jurisdictions go so far as to only allow one extension of up to sixty days beyond the thirty-day initial commitment,39 although others permit multiple extensions as long as they do not exceed a total of sixty days — i.e., as long as the total aggregate commitment period does not exceed ninety days.40 And, as the State acknowledges, at least one jurisdiction has determined that a detention for ninety days 38 As w…
cited Cited "see" Hill v. Roberts
Fla. Dist. Ct. App. · 1978 · signal: see · confidence high
See Treadway v. Heidtman, 284 So.2d 473 (Fla. 4th DCA 1973).
discussed Cited "see, e.g." Carter v. Coleman
Fla. Dist. Ct. App. · 1984 · signal: see also · confidence low
Second, the authority of the trial court is limited to issuance of a fugitive warrant for the accused who is then either committed to county jail or admitted to bail for a maximum period of ninety days to await the requisition and enable his expeditious arrest under a Governor’s warrant. §§ 941.-13, 941.15, 941.16, 941.17, Fla.Stat. (1981); see also Treadway v. Heidtman, 284 So.2d 473 (Fla. 4th DCA 1973).
Retrieving the full opinion text from the archive…
McKinley Lee TREADWAY
v.
William R. HEIDTMAN, Sheriff of Palm Beach County, Florida
No. 73-1128.
District Court of Appeal of Florida, Fourth District.
Nov 2, 1973.
284 So. 2d 473
Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, West Palm Beach, for petitioner., Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas M. Carney, Asst. Atty. Gen., West Palm Beach, for respondent.
Downey, Mager, Owen.
Cited by 4 opinions  |  Published
OWEN, Chief Judge.

By petition for writ of habeas corpus, McKinley L. Treadway seeks his release from custody of the Sheriff of Palm Beach County. We conclude from the petition and the return filed pursuant to the rule to show cause that petitioner is entitled to his immediate release from custody.

Under provisions of the uniform criminal extradition law, petitioner was arrested and having declined to waive extradition, the circuit judge before whom he had been brought remanded him to custody of the respondent for a period of thirty (30) days as provided in, F.S., Section 941.15, F.S.A. Upon completion of this period of thirty days, and because the Governor’s warrant had not been received, the court thereupon remanded petitioner to the custody of the respondent for a further thirty-day period pursuant to, F.S., Section 941.17, F.S.A. That extension expired October 5, 1973. On this latter date, petitioner was again brought before the court and in the ab-sense of a Governor’s warrant having been received, the court once again and over objection of petitioner’s counsel, remanded petitioner to the custody of respondent for a further thirty-day period of time.

It is our judgment that Section 941.17 permits the judge to recommit an accused one time for a period not to exceed sixty days. It does not permit two or more successive recommitments even though the aggregate period of time thereof does not exceed sixty days. People v. White, 2 Mich.App. 493, 140 N.W.2d 578 (1966).

Petitioner is presently in custody under the second recommitment by the court entered on October 5, 1973. Such second recommitment is not authorized under the statute, and he is entitled to be immediately released from respondent’s custody. It is so ordered.

Granted.

MAGER and DOWNEY, JJ., concur.