Covert v. Lee

Supreme Court of Georgia

Covert v. Lee

349 S.E.2d 450, 256 Ga. 357, 1986 Ga. LEXIS 887

CourtSupreme Court of Georgia

DecidedOctober 28, 1986

Docket43903

StatusPublished

Cited by1 cases

This text of 349 S.E.2d 450 (Covert v. Lee) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Covert v. Lee, 349 S.E.2d 450, 256 Ga. 357, 1986 Ga. LEXIS 887 (Ga. 1986).

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Opinion

Bell, Justice.

“The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979).” Smith v. Bell, 246 Ga. 577 (272 SE2d 309) (1980). Appellant contends that the superior court erred in denying his petition for a writ of habeas corpus since there was no evidence that he, Dan Covert, is the “Dan Covert” named in the Governor’s warrant. We disagree. “If he was not the person named in the Governor’s warrant, appellant had the burden to show that he was not. [Cit.] Here, the appellant did not deny that he was the person named in the Governor’s warrant.” Wollweber v. Martin, 226 Ga. 20, 23 (2) (172 SE2d 605) (1970).

Judgment affirmed.

All the Justices concur.

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Bell, Justice.

“The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979).” Smith v. Bell, 246 Ga. 577 (272 SE2d 309) (1980). Appellant contends that the superior court erred in denying his petition for a writ of habeas corpus since there was no evidence that he, Dan Covert, is the “Dan Covert” named in the Governor’s warrant. We disagree. “If he was not the person named in the Governor’s warrant, appellant had the burden to show that he was not. [Cit.] Here, the appellant did not deny that he was the person named in the Governor’s warrant.” Wollweber v. Martin, 226 Ga. 20, 23 (2) (172 SE2d 605) (1970).

Judgment affirmed.

All the Justices concur.

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349 S.E.2d 450, 256 Ga. 357, 1986 Ga. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covert-v-lee-ga-1986.

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