State v. Fletcher

Supreme Court of Louisiana
State v. Fletcher, 283 So. 2d 495 (La. 1973)
1973 La. LEXIS 6304
Dixon

State v. Fletcher

Opinion of the Court

In re: Lloyd Charles Fletcher, Jr., applying for writ of certiorari.

Writ granted. The extradition is stayed for a period of 30 days to permit the State of North Carolina to furnish an amplified factual affidavit showing probable cause to arrest the relator or an indictment of relator for the crime. In default of furnishing either of the two documents within the time fixed, the extradition proceeding will be dismissed.

Concurring Opinion

DIXON, J.,

concurs, but is of the opinion that the better practice would be to grant the writ. The affidavit to support an arrest warrant in an extradition proceeding must comply with the requirements for an affidavit to support any arrest warrant. See Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723; Grano v. State, Del.Super., 257 A.2d 768.

Reference

Full Case Name
STATE of Louisiana v. Lloyd Charles FLETCHER, Jr.
Cited By
2 cases
Status
Published