Hurricane Katrina: Legal Issues - Columbus School of Law

demand an extradition hearing or waive formal proceedings. If there is no waiver, a hearing on the contested
extradition is scheduled at a future date. Currently, there is overcrowding in Mississippi jails, so judges are
scheduling hearings in a shorter time frame than the federal statute permits. Louisiana, the demanding state, must
prepare and forward a duly signed and certified papers by the governor of Louisiana – the “warrant of rendition” –
for that hearing. Although the hearing is a type of habeas corpus proceeding, there are restrictions about what can be
litigated in the asylum courts.
Extradition is a “summary procedure,” in which the asylum state court “may do no more than ascertain whether the
requisites of the Extradition Act have been met.” The court must order return to the demanding state upon a finding
that the fugitive fits the following criteria:
1.
Identity. Client is the person named in the requisition
2.
Affidavit or Indictment. Client is substantially charged with a crime in the demanding state.
3.
Fugitive from Louisiana. That client was in the demanding state at the time the offense was committed.
4.
Governor’s Papers. The paperwork is properly executed.
A finding that Louisiana has met its prima facie case may be founded on the paperwork itself, based on duly
executed governor’s papers. The demanding state has no specific burden of proof; it must only present evidence that
is “satisfactory” to the court. To overcome the prima facie case created by a properly certified requisition, the fugitive
must produce clear and convincing evidence of the defense. The rules of evidence do not apply.
The fact that your client is innocent or may be innocent of the Louisiana crime is not relevant to the extradition
proceedings except as it bears on the identity issue named above. Defenses for extradition are only those that disprove
the government’s burden. After the hearing, once the judge rules against your client, agents from Louisiana should
arrive to transport your client within thirty days under federal law, but Mississippi law holds that judges are not
required to dismiss the case if the demanding state does not arrive in time.
By waiving formal proceedings, the client is saying in essence, okay, come get me. Once the client waives, the
demanding state must show up to transport your client within thirty days. Otherwise, he should be released. But even
if the case is fugitive charge is dismissed because the demanding state does not provide necessary paperwork or send
its agent, the process may be repeated. Theoretically, Louisiana could forward another copy of the arrest warrant,
bench warrant or indictment to the asylum state unless the client travels to Louisiana on his or her own to address the
criminal matter there.
Katrina’s financial impact on Louisiana may effect Louisiana’s management of extradition proceedings. It is possible
that Louisiana may not be able to file timely warrants or find the resources to pay for its officials to travel across
state lines to take possession of your client. In addition, a state such as Mississippi would require Louisiana to pay
for the costs and expenses that are consequent to a fugitive arrest. These are all considerations as clients decide
whether to travel to Louisiana to turn themselves in or stay put and risk extradition proceedings.
FAQ
May your client be released pending the governor’s warrant if he refuses to waive rendition?
Answer: Yes. In Mississippi, a judge may release your client on bail if the client contests the extradition and requests
a hearing. However, once the governor issues his certified warrant of rendition, the defendant must be returned to
custody.
May your client be released if he waives rendition?
Answer: Generally judges do not release defendants once they waive rendition since the demanding state is told they
may come get the defendant and s/he is available to be transported back, but it is not prohibited. However, given the
overcrowding situation in Mississippi jails at this time, judges are releasing clients if Louisiana does not arrange