Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
No person arrested upon such warrant shall be delivered over to the agent whom the
executive authority demanding him shall have appointed to receive him unless he shall
first be taken forthwith before a judge of a court of record in this Commonwealth
who shall inform him of the demand made for his surrender and of the crime with which
he is charged and that he has the right to demand and procure legal counsel, and,
if the prisoner or his counsel shall state that he or they desire to test the legality
of his arrest, the judge of such court of record shall fix a reasonable time to be
allowed him within which to apply for a writ of habeas corpus. When such writ is applied
for, notice thereof and of the time and place of hearing thereon shall be given to
the 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.
Cross References. Section 9131 is referred to in sections 9132, 9146 of this title.
Notes of Decisions
Cited in 5
cases, 1981–1994 · leading case: Cuyler v. Adams, 449 U.S. 433 (1981).
Cuyler v. Adams, 449 U.S. 433 (1981). · cites it 2ד[11] Section 10 of the Uniform Criminal Extradition Act, codified in Pennsylvania at 42 Pa. Cons. Stat. § 9131 (Supp.1980), provides; "No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to…”
Morrison v. Stepanski, 839 F. Supp. 1130 (M.D. Penn. 1993). · cites it 2ד42 Pa.Cons.Stat.Ann. § 9131. 7 These rights may be waived by execution of a written waiver before the court, in which the alleged fugitive acknowledges his consent to return to the demanding state to face the charges against him.”
Commonwealth v. Jacobs, 466 A.2d 671 (Pa. 1983). “Section 10 thereof (42 Pa.C.S. § 9131) provides as follows: § 9131.”
Commonwealth v. Fucci, 581 A.2d 634 (Pa. Super. Ct. 1990). · cites it 2דThis procedural right is codified at 42 Pa.C.S. § 9131: f the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas…”
Commonwealth v. Robinson, 21 Pa. D. & C.4th 97 (1994). “42 Pa.C.S. §9131 provides that if the prisoner or his counsel expresses a desire to test the legality of the arrest the judge shall fix a “reasonable time” to be allowed the prisoner within which to apply for a writ of habeas corpus.”
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.