133.787 Rights
of arrested person.
No person arrested upon such warrant shall be delivered over to the agent whom
the executive authority demanding the person shall have appointed to receive
the person unless the person has been informed of the demand made for surrender
and of the crime with which the person is charged, and that the person has the
right to demand legal counsel; and if the prisoner, the friends, or counsel of
the prisoner shall state the desire to test the legality of the arrest, the
prisoner shall be taken forthwith before a judge of a court of record in this
state, who shall fix a reasonable time to be allowed the prisoner within which
to apply for a writ of habeas corpus. And when such writ is applied for, notice
thereof, and of the time and place of hearing thereon, shall be given to the
public prosecuting officer of the county in which the arrest is made and in
which the accused is in custody, and to the said agent of the demanding state. [Formerly
147.100]
Notes of Decisions
Application of Carden, 635 P.2d 341 (Or. 1981).
· cites it 2× “ORS 133.787. The circuit judge announced that the judges of that judicial district had agreed as a matter of new policy that all defendants “would be in custody after the Governor’s Warrant arrived and was served.”
State v. Ayers, 143 P.3d 251 (Or. Ct. App. 2006).
“The state points out that, unlike situations in which a defendant opposes extradition or seeks to contest a state’s invocation of Article IV of the IAD, under which the defendant has a right to counsel either under the IAD or the Uniform Criminal Extradition Act, see ORS…”
Thomas v. Keeney, 771 P.2d 249 (Or. 1989).
· cites it 2× “Supreme Court concluded, as a matter of statutory construction, that Article IV(d) of the IAD incorporates the procedural protections of section 10 of the UCEA.”
State ex rel. Roby v. Mason, 587 P.2d 94 (Or. 1978).
“ORS 133.787. The circuit court appointed counsel to represent petitioner on appeal of the court’s denial of the writ.”
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