Sawyer v. State

382 A.2d 1039
CourtSupreme Judicial Court of Maine
DecidedFebruary 24, 1978
StatusPublished
Cited by7 cases

This text of 382 A.2d 1039 (Sawyer v. State) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sawyer v. State, 382 A.2d 1039 (Me. 1978).

Opinion

382 A.2d 1039 (1978)

Robert Earl SAWYER
v.
STATE of Maine and Sheriff Charles Sharpe.

Supreme Judicial Court of Maine.

February 24, 1978.

Lowry, Platt, Fitzhenry, Lunt & Givertz by Phyllis Givertz (orally), Portland, for plaintiff.

Peter Ballou, Deputy Dist. Atty. (orally), Portland, for defendants.

*1040 Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

McKUSICK, Chief Justice.

Petitioner Robert Earl Sawyer stands indicted by a grand jury in Chautauqua County, New York, for second degree murder and first degree robbery arising from events which the indictment alleges occurred in Stow, Chautauqua County, New York, on or about February 11, 1977. He was arrested in Maine pursuant to a rendition warrant issued by the Governor of Maine,[1] and he then petitioned in the Cumberland County Superior Court for a writ of habeas corpus to test the legality of his arrest as a fugitive under the Maine Uniform Criminal Extradition Act, 15 M.R.S.A. § 210 (1964). After an evidentiary hearing, a justice of the Superior Court denied the writ, entered judgment for the respondents, and ordered the rendition warrant to be executed. Petitioner appeals,[2] arguing that he sustained his burden of proof at the hearing that he was not in New York at the time the offenses were allegedly committed and that the documentation accompanying the requisition of the Governor of New York State was legally insufficient to support his arrest and extradition.

We deny the appeal.

I. Proof of Fugitive Status

The petitioner testified on his own behalf that in February 1977 he was a resident of Mina Township, Chautauqua County, New York. He further testified that in the course of his business as a carpet installation subcontractor, he had worked periodically in Pennsylvania during the winter of 1977 and that he had been in Pennsylvania "around" February 11, 1977. On cross-examination, however, he admitted that he could have been in New York on that date. The State thereafter produced one Rasmussen, who testified that he had gone bowling with the petitioner in Jamestown, Chautauqua County, New York, on February 11, 1977.

The rendition warrant issued by the Governor of Maine alleges the fact that petitioner Sawyer is a fugitive from justice.[3] That warrant, regular on its face, presumptively established that the petitioner was present in the demanding state at the time of the alleged offense, subject to rebuttal if the petitioner in the habeas corpus proceeding should prove otherwise by "clear and convincing evidence." Walker v. State, Me., 315 A.2d 855, 856 (1974). The justice below found, not only that petitioner had failed to meet his burden, but also that the evidence affirmatively demonstrated that he had been present in New York, the demanding state, at the time of the alleged offense. Petitioner attacks the justice's factual findings on the ground that the testimony of the State's witness, Rasmussen, was not credible. Rasmussen's testimony was not, however, so inherently improbable and incredible as to be unbelievable as a matter of law.[4]See State v. *1041 McFarland, Me., 369 A.2d 227, 229 (1977). In any event, the justice was clearly entitled to find that petitioner's own testimony was unworthy of belief, and, therefore, that petitioner had failed to carry his burden of proof by "clear and convincing evidence" that he was not present in New York, the demanding state, "on or about" February 11, 1977. Assessment of the credibility of witnesses was a task for the presiding justice who heard those witnesses, not for us who have before us only the cold printed pages of the transcript.

II. Sufficiency of Documentation

The requisition from the Governor of New York was accompanied by a copy of the Chautauqua County grand jury indictment and an affidavit by the Acting District Attorney for Chautauqua County attesting to certain facts,[5] but not such as would constitute probable cause for the petitioner's arrest. 15 M.R.S.A. § 203 (1964) provides, in the part here critical, that:

"[The] demand for the extradition of a person charged with crime in another state . . . shall be accompanied by a copy of an indictment found, or information, supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate in such state, together with a copy of any warrant which was issued thereupon, . . .."

Pointing to the commas placed in the Maine Act around the words "or information" and to the absence of comparable commas in the parallel section 3 of the Uniform Criminal Extradition Act as adopted by the National Conference of Commissioners on Uniform State Laws,[6] petitioner argues that an "indictment found" (as well as an information) must be supported by an affidavit sufficient to establish probable cause to believe that the fugitive committed the charged offense.

We disagree.

The legislature mandates, in no uncertain terms, that Maine's Act, expressly denominated the "Uniform Criminal Extradition Act," 15 M.R.S.A. § 229 (1964), "shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it." Ibid. This particular uniform law has been adopted, in its original or revised form, in all but three states. National Conference of Commissioners on Uniform State Laws, 1977-78 Reference Book 65. As recognized by that record of enactments, the need for uniformity among the states is particularly acute in this area of law, involving as it does principles of interstate comity under an umbrella of controlling federal law. See U.S.Const. art. IV, § 2; Poulin v. Bonenfant, Me., 251 A.2d 436, 437 (1969).

The federal act, 18 U.S.C. § 3182 (1948),[7] implementing article IV, § 2 of the United *1042 States Constitution, by its language, which the Uniform Act parallels, appears to make either an indictment or a probable cause affidavit adequate documentation. We need not, however, reckon with any conflict between what is adequate documentation to require the asylum state to respond under the federal statute and what is required by the Maine Uniform Criminal Extradition Act. We find no conflict. As a matter of construction of our section 203, a copy of the indictment, when based on a grand jury's determination of probable cause, is all that is required.[8] As held by the Colorado Supreme Court in rejecting a contention that an affidavit alleging probable cause must accompany an indictment:

"It is clear that an affidavit is not required where the charge is made by action of the grand jury, as it was here. The indictment imports probable cause; it embodies a grand jury's judgment that constitutional probable cause exists." (Emphasis in original) People v. Jackson, 180 Colo. 135, 138, 502 P.2d 1106, 1108 (1972).

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382 A.2d 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-state-me-1978.