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2018 Georgia Code 17-13-20 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 13. Criminal Extradition, 17-13-1 through 17-13-49.

ARTICLE 2 UNIFORM CRIMINAL EXTRADITION ACT

17-13-20. Short title.

This article shall be known and may be cited as the "Uniform Criminal Extradition Act."

(Ga. L. 1951, p. 726, § 32; Ga. L. 2004, p. 631, § 17.)

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.

Cases Citing O.C.G.A. § 17-13-20

Total Results: 10  |  Sort by: Relevance  |  Newest First

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Pittman v. State, 592 S.E.2d 72 (Ga. 2004).

Cited 22 times | Published | Supreme Court of Georgia | Jan 12, 2004 | 277 Ga. 475, 2004 Fulton County D. Rep. 210

...590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975), Pittman argues that his 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....
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Jenkins v. Garrison, 265 Ga. 42 (Ga. 1995).

Cited 9 times | Published | Supreme Court of Georgia | Feb 20, 1995 | 453 S.E.2d 698

...decision. [1] 1. The extradition process has a constitutional foundation in Art. IV, Sec. 2, Cl. 2 of the U. S. Constitution [2] and statutory roots in the Uniform Criminal Extradition Act (UCEA) passed by the Georgia General Assembly in 1951. OCGA § 17-13-20 et seq....
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Lambert v. Jones, 299 S.E.2d 716 (Ga. 1983).

Cited 7 times | Published | Supreme Court of Georgia | Feb 3, 1983 | 250 Ga. 603

...s of Michigan v. Doran, supra, had been satisfied as to all of the appellants. Consequently, we affirm the trial court's ruling. Judgment affirmed. All the Justices concur. NOTES [1] Georgia has adopted the Uniform Criminal Extradition Act. See OCGA § 17-13-20 et seq....
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St. Lawrence v. Bartley, 495 S.E.2d 18 (Ga. 1998).

Cited 6 times | Published | Supreme Court of Georgia | Jan 26, 1998 | 269 Ga. 94, 98 Fulton County D. Rep. 335

...ited to determining the four "readily verifiable" facts discussed in Michigan v. Doran, 439 U.S. 282, 289, 99 S.Ct. 530, 535, 58 L.Ed.2d 521 (1978) (upholding the constitutionality of the Uniform Criminal Extradition Act, codified in Georgia as OCGA § 17-13-20 et seq.)....
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Marini v. Gibson, 267 Ga. 398 (Ga. 1996).

Cited 6 times | Published | Supreme Court of Georgia | Nov 25, 1996 | 478 S.E.2d 767, 96 Fulton County D. Rep. 4145

Benham, Chief Justice. 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 Marini1 was indicted in New Jersey on charges of theft by failure to make required disposition of property received, N.J.S.A....
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Marini v. Gibson, 478 S.E.2d 767 (Ga. 1996).

Cited 5 times | Published | Supreme Court of Georgia | Nov 25, 1996 | 264 Ga. 398

...Atty., for James Gibson. BENHAM, Chief Justice. 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....
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Powell v. Brown, 641 S.E.2d 519 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | Jan 22, 2007 | 281 Ga. 609, 2007 Fulton County D. Rep. 188

...ities 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 the provisions of the Uniform Criminal Extradition Act, OCGA § 17-13-20 et seq....
...usively shows, he had not been arrested for anything other than the Georgia offenses. Thus, the petition failed to state a claim upon which habeas corpus relief could be granted. Reading the provisions of the "Uniform Criminal Extradition Act" (OCGA § 17-13-20 *521 20 et seq.) in pari materia as we are required to do ( State v....
...ed pursuant to OCGA § 17-13-34) and taken before a judicial officer who advises the accused of the right to challenge the extradition by means of habeas corpus. Thus, the right to challenge the extradition by means of habeas corpus pursuant to OCGA § 17-13-20 et seq....
...n that could be proved in support of such a claim and makes only conclusory statements of law that are insufficient to overcome a motion to dismiss. Beckwith v. Peterson, 227 Ga. 403(3), 181 S.E.2d 51 (1971). Thus, Powell's petition pursuant to OCGA § 17-13-20 et seq....
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McLeod v. Barrett, 271 Ga. 569 (Ga. 1999).

Cited 1 times | Published | Supreme Court of Georgia | Oct 18, 1999 | 522 S.E.2d 219, 99 Fulton County D. Rep. 3800

...McLeod further contends that this Court has the discretion to refuse extradition because of the 27-year delay in Mississippi’s attempt to extradite him and because Mississippi has not adopted the Uniform Criminal Extradition Act (UCEA). See OCGA § 17-13-20 et seq....
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Prince v. Mitchell, 257 Ga. 30 (Ga. 1987).

Published | Supreme Court of Georgia | Apr 9, 1987 | 354 S.E.2d 422

...abetted her in the kidnapping. 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....
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Smith v. Hutson, 250 Ga. 870 (Ga. 1983).

Published | Supreme Court of Georgia | Apr 25, 1983 | 301 S.E.2d 880

...the identity of such person with the fugitive demanded, he shall state the fact in his warrant for the arrest.” However, the Governor’s warrant under which appellant was arrested, was issued pursuant to the Uniform Criminal Extradition Act, OCGA § 17-13-20 et seq....