§ 4950. Rights of accused person; application for writ of habeas corpus
A person arrested upon such warrant shall not be delivered over to the agent whom
the executive authority demanding him or her shall have appointed to receive him or
her unless he or she shall first be taken forthwith before a judge of a court of record
in this State, who shall inform him or her of the demand made for his or her surrender
and of the crime with which he or she is charged, and that he or she has the right
to demand and procure legal counsel. If the prisoner or his or her counsel shall
state that he or she or they desire to test the legality of the arrest, the judge
of such court of record shall fix a reasonable time to be allowed him or her 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 State’s
Attorney of the county in which the arrest is made and in which the accused is in
custody, and to the agent of the demanding state.
Lovejoy v. State, 531 A.2d 921 (Vt. 1987). “§ 4950, which provides that a person arrested under a Governor’s warrant shall have an opportunity to challenge the legality of the arrest by way of habeas corpus, strongly supports our conclusion that a petition for writ of habeas corpus is the appropriate manner to challenge…”
In Re Iverson, 376 A.2d 23 (Vt. 1977). “13 V.S.A. § 4950. The petition was denied by the Addison Superior Court, and a notice of appeal was filed with this Court.”
In Re Roessel, 388 A.2d 835 (Vt. 1978). “13 V.S.A. § 4950; 12 V.S.A., ch. 143. The appellant made four claims in his petition for a writ of habeas corpus.”
In re Lovejoy, 556 A.2d 79 (Vt. 1988). “13 V.S.A. § 4950. Nor do we find that the proof of identification was deficient in this case.”
In re Haynes, 583 A.2d 88 (Vt. 1990). “At the 13 V.S.A. § 4950 hearing held on December 19, 1989, petitioner indicated that he intended to challenge the governor’s warrant.”
In re Nason, 682 A.2d 955 (Vt. 1996). “See 13 VS.A. § 4950 (“legality of the arrest” must be tested by application for writ of habeas corpus).”
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