22-2706.
Persons not present in the demanding state at time of commission of crime.
The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 22-2703 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
History:
L. 1970, ch. 129, § 22-2706; July 1.
Notes of Decisions
Cited in
6
cases, 1974–2008 · leading case:
Kennon v. State, 809 P.2d 546 (Kan. 1991).
Kennon v. State, 809 P.2d 546 (Kan. 1991).
· cites it 17× “22-2702, depriving Kennon of the gubernatorial discretion which is his due process right under K.S.A. 22-2706. III. Whether K.S.A. 22-2706 is unconstitutional under the Compact Clause of Article I, Section 10 of the United States Constitution because the powers exercised under…”
Fullerton v. McCord, 2 S.W.3d 775 (Ark. 1999).
· cites it 2× “The State argued permissive extradition under K.S.A. 22-2706, but it was not allowed because although some supporting documents acknowledged Kennon was in Kansas at the time of the acts, the governors were proceeding under mandatory extradition which required Ken-non to be a…”
Woody v. State, 524 P.2d 1150 (Kan. 1974).
· cites it 2× “22-2703, which is a part of the 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 alleging, except in cases arising under section 22-2706, that the…”
State v. Patton, 176 P.3d 151 (Kan. 2008).
“22-2702, which applies when it is alleged the person was in the demanding state at the time the alleged crime was committed, and discretionary extradition under K.S.A. 22-2706, which applies when it is alleged the person committed an act in Kansas or a third state that…”
Odom v. State, 524 P.2d 217 (Kan. 1974).
· cites it 2× “If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 22-2706, that he has fled from justice, the judge or magistrate must, by a warrant…”
Dunn v. Hindman, 836 F. Supp. 750 (D. Kan. 1993).
“The statutory provision under which the Kennon extradition was decided is K.S.A. 22-2706 and authorizes the governor to exercise her discretion before honoring another state’s extradition demand.”
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