O.C.G.A.

O.C.G.A. § 17-13-24 (2019)

Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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(a) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or of his term of sentence in the other state, upon condition that the person be returned to the other state, at the expense of this state, as soon as the prosecution in this state is terminated.

(b) The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state who is charged in the manner provided in Code Section 17-13-43 with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

History

Ga. L. 1951, p. 726, § 5; Ga. L. 1955, p. 587, § 3.

Annotations

JUDICIAL DECISIONS Sufficiency of supporting documents is always open to judicial inquiry. - Question as to whether or not

the extradition warrant under which an alleged fugitive from justice is held is supported by documents from the de-

manding state legally sufficient to authorize the person’s extradition is always open to judicial inquiry in a habeas corpus

proceeding. Brown v. Grimes, 214 Ga. 388, 104 S.E.2d 907 (1958).

RESEARCH REFERENCES Am. Jur. 2d. - 31A Am. Jur. 2d, Extradition, §§ 24, 143. C.J.S. - 35 C.J.S. (Rev), Extradition and Detainers, § 18. U.L.A. - Uniform Criminal Extradition Act (U.L.A.) § 5.

ALR. - Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Larry Eugene Moon v. Frederick J. Head, 285 F.3d 1301 (11th Cir. 2002).
Larry Eugene Moon v. Frederick J. Head, 285 F.3d 1301 (11th Cir. 2002). “sistance of counsel by failing to investigate mitigating evidence, (3) that Moon’s constitutional rights were violated during the sentencing phase when the trial court ordered that he be shackled, and (4) that Moon's constitutional rights and rights under the Interstate Act on…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.