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To: Rob_Henry

That provision has been limited to FELONIES.

This is purportedly a misdemeanor, for which no extradition lies under Florida law (or the US constitution).

The Governor also has the right to investigate the merits, to a limited degree. Given the statute of limitations has clearly run on any possible crime, that would be grounds to deny extradition and possibly sanction the NY prosecutor for asking.


39 posted on 03/20/2023 10:37:42 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: Jewbacca

Where did you get such silly nonsense from?

States CAN (although they rarely do) extradite for misdemeanors. It’s expensive, so for most misdemeanors its not worth the effort. But nothing in the Constitution or 18 U.S.C. § 3182 limits extradition to felonies.

18 USCS § 3182 includes every offense from highest to lowest and embraces misdemeanors as well as treason and felony. Gatewood v. Culbreath, 47 So. 2d 725, 1950 Fla. LEXIS 1068 (Fla. 1950).

Misdemeanors are extraditable offenses. Glover v. State, 257 Ark. 241, 515 S.W.2d 641, 1974 Ark. LEXIS 1342 (1974).

Extradition may be had for any crime punishable under laws of demanding state, including misdemeanors and petty offenses. State ex rel. Knowles v. Taylor, 160 Tenn. 44, 22 S.W.2d 222, 1929 Tenn. LEXIS 73 (Tenn. 1929).

Predecessor of 18 USCS § 3182 embraced every offense known to laws of demanding state, including misdemeanors. Ex parte Reggel, 114 U.S. 642, 5 S. Ct. 1148, 29 L. Ed. 250, 1885 U.S. LEXIS 1805 (1885).

Requirement of extradition extends to every offense against laws of demanding state, and it is immaterial that offense is not one denounced by laws of asylum state. People ex rel. Kahn v. Meyering, 348 Ill. 486, 181 N.E. 300, 1932 Ill. LEXIS 795 (Ill. 1932).

Right to demand surrender of fugitive implied correlative obligation to deliver without regard to nature of crime or policy or laws of demanding state. Ex parte Hubbard, 201 N.C. 472, 160 S.E. 569, 1931 N.C. LEXIS 14 (1931).

So again, where did you get your silly notions from? (HINT: Twitter comments are not the law.)


50 posted on 03/20/2023 10:51:00 AM PDT by Rob_Henry
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