O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
This article shall be known and may be cited as the ‘‘Uniform Criminal Extradition Act.’’
History
Ga. L. 1951, p. 726, § 32; Ga. L. 2004, p. 631, § 17.
Annotations
Law reviews. - For article analyzing
history and operation of interstate criminal extraditions in Georgia, see 24 Ga. B.J. 219 (1961).
JUDICIAL DECISIONS Habeas petition dismissed. - Trial court properly dismissed an inmate’s petition for habeas corpus for failing to state a claim upon which relief could be granted based on a finding that such was prematurely filed in that no governor’s warrant had been issued or served from the seeking state at the time the petition was filed and the inmate had only been arrested for
Georgia offenses; moreover, to the extent that the inmate might have been seeking to challenge an arrest without a warrant pursuant to O.C.G.A. § 17-13-34, insufficient facts were pled which supported such a claim. Powell v. Brown, 281 Ga. 609, 641 S.E.2d 519 (2007). Cited in Mathews v. Foster, 209 Ga. 699, 75 S.E.2d 427 (1953).
RESEARCH REFERENCES U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 30.
Notes of Decisions
Cited in
11
cases, 1983–2009 · leading case:
Joiner v. State, 682 S.E.2d 381 (Ga. Ct. App. 2009).
Joiner v. State, 682 S.E.2d 381 (Ga. Ct. App. 2009).
· cites it 2× “5 At trial, the State argued that regardless of the Florida charge, Joiner was guilty of felony escape because the Georgia charges for which Joiner was initially arrested were battery and aggravated battery, which is a felony.”
Pittman v. State, 592 S.E.2d 72 (Ga. 2004).
· cites it 2× “arrest was illegal because the officers entered his residence without consent, without a Florida warrant or a warrant under the Uniform Criminal Extradition Act (codified in Georgia as OCGA § 17-13-20 et seq.), and without informing him of the Georgia warrant for his arrest.”
St. Lawrence v. Bartley, 495 S.E.2d 18 (Ga. 1998).
· cites it 4× “2d 521 (1978) (upholding the constitutionality of the Uniform Criminal Extradition Act, codified in Georgia as OCGA § 17-13-20 et seq.). See Marini v. Gibson, 267 Ga.”
Jenkins v. Garrison, 453 S.E.2d 698 (Ga. 1995).
· cites it 2× “OCGA § 17-13-20 et seq. 3 The federal constitutional provision and the implementing state statutes (Sections 2 and 3 of the uniform act (OCGA §§ 17-13-22 and 17-13-23)) 4 require the governor of the asylum state to have arrested and delivered to the governor of a requesting…”
Lambert v. Jones, 299 S.E.2d 716 (Ga. 1983).
· cites it 2× “See OCGA § 17-13-20 et seq. (Code Ann. §§ 44-401 et seq.”
Marini v. Gibson, 478 S.E.2d 767 (Ga. 1996).
· cites it 2× “This appeal is from the trial court’s denial of a habeas corpus petition challenging the legality of extradition proceedings by the State of New Jersey pursuant to the Uniform Criminal Extradition Act, codified at OCGA § 17-13-20 et seq. Thomas Marini 1 was indicted in New…”
Powell v. Brown, 641 S.E.2d 519 (Ga. 2007).
· cites it 8× “After signing the waiver, but before the arrival of a demand for extradition from the authorities in Ohio or, so far as the record shows conclusively, an arrest pursuant to OCGA § 17-13-34 (see infra), Powell filed a petition for a writ of habeas corpus referring specifically to…”
Marini v. Gibson, 478 S.E.2d 767 (Ga. 1996).
· cites it 2× “This appeal is from the trial court's denial of a habeas corpus petition challenging the legality of extradition proceedings by the State of New Jersey pursuant to the Uniform Criminal Extradition Act, codified at O.C.G.A. § 17-13-20 et seq. Thomas Marini [1] was indicted in New…”
McLeod v. Barrett, 522 S.E.2d 219 (Ga. 1999).
· cites it 2× “See OCGA § 17-13-20 et seq. Finding the contentions without merit, we affirm.”
Smith v. Hutson, 301 S.E.2d 880 (Ga. 1983).
· cites it 2× “§ 44-302 , which states in pertinent part: “If such fugitive shall have assumed another name in this state, and the governor shall be satisfied, by evidence under oath filed in his office, of the identity of such person with the fugitive demanded, he shall state the fact in his…”
Prince v. Mitchell, 354 S.E.2d 422 (Ga. 1987).
· cites it 2× “The governor of Georgia sought to extradite the mother and grandmother, as fugitives from justice, to Tennessee for trial on the charges against them, under the provisions of the Uniform Criminal Extradition Act, OCGA § 17-13-20 et seq. The court below denied relief in the…”
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