Doucette
Doucette
Opinion of the Court
The petitioner, Doucette, has been charged in the State of Florida with the criminal offense of interfering with the custody of Margaret Enos, her mother, who was then under the judicially ordered guardianship of Adult Comprehensive Protection Services, Inc. Doucette brought Enos to Massachusetts in violation of law, the Florida charge alleges, and the Governor of that State is seeking rendition of Doucette to Florida (the demanding State) to stand trial on that charge. See Guardianship of Enos, 41 Mass. App. Ct. 360, 361 n.l (1996). Based on the Florida request, the Governor of the Commonwealth (the asylum State) issued a rendition warrant for Doucette’s arrest, under which she is now held. By this petition for release on habeas corpus, she challenges the validity of the impending rendition.
The arrest warrant itself does not recite the Florida judge’s finding of probable cause. Such a finding, however, is implicit in the requirement of Florida’s statute and rule that the warrant may issue only on such a finding. Fla. Stat. Ann. § 901.02 (West 1996); Fla.R.Crim.P. 3.120 (“reasonable ground to believe the complaint is true”).
It is conceded that Doucette is a fugitive from Florida justice, that she is the person named in the rendition process, and that she has been charged with a crime by Florida. All requirements for rendition having been met, the judge was correct in refusing to be drawn into an examination of Douc-ette’s defenses to the charge (including those going to the validity of the guardianship) and in ordering the petition dismissed.
Order denying petition for writ of habeas corpus affirmed.
The Florida statute and rule authorize the judge to take testimony under oath to supplement the recitations of the affidavit. The warrant can only be issued if the judge “reasonably believes that the person complained against has committed an offense within his jurisdiction.” Fla. Stat. Ann. § 901.02 (West 1996). Compare Whitehouse, petitioner, 18 Mass. App. Ct. 455, 458 (1984).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.