Kellems v. Buchignani

518 S.W.2d 788, 1974 Ky. LEXIS 18

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: December 13, 1974
• Status: Published

Opinions

JONES, Justice.

William Daniel Kellems appeals from an order of the Fayette Circuit Court denying his petition for a writ of habeas corpus. Kellems, by counsel, contended in the trial court, as he does here, that he was not competent to understand and comprehend the nature of the proceedings to have him extradited to the state of Arizona. In denying the petition for writ of habeas corpus the trial court noted that the demanding jurisdiction, the Arizona court, should conduct a complete mental examination in order to determine Kellem’s competency to stand trial.

After a careful review of the records and the briefs, this court is of the opinion that the question of the mental competence of a fugitive in extradition proceedings is not relevant. Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274 (1913); State ex rel. Davey v. Owen, 133 Ohio St. 96, 12 N.E.2d 144 (1937).

The judgment is affirmed.

OSBORNE, C. J., and JONES, STEIN-FELD and STEPHENSON, JJ., concur. PALMORE, J., dissents in a separate opinion in which REED, J., joins.