Whetstone v. Freeman

District Court of Appeal of Florida

Whetstone v. Freeman

524 So. 2d 1159, 13 Fla. L. Weekly 1199, 1988 Fla. App. LEXIS 2017, 1988 WL 47492

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1988

DocketNo. 87-2417

StatusPublished

Cited by2 cases

This text of 524 So. 2d 1159 (Whetstone v. Freeman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whetstone v. Freeman, 524 So. 2d 1159, 13 Fla. L. Weekly 1199, 1988 Fla. App. LEXIS 2017, 1988 WL 47492 (Fla. Ct. App. 1988).

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Opinion

SCHWARTZ, Chief Judge.

Rejecting the appellant’s sole point on appeal, we reiterate the universal rule that prior unsuccessful attempts to extradite the defendant, which were aborted because a governor’s warrant from the demanding state did not timely arrive in Florida, have no effect upon the efficacy of a subsequent extradition proceeding which, like this one, was properly supported by a valid warrant. State v. Dearing, 513 So.2d 232 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re Blackburn, 701 P.2d 715 (Mont.1985); In re Hval, 148 Vt. 544, 537 A.2d 135 (1987). Accordingly, the trial judge properly denied Whetstone’s application for habeas corpus.

Affirmed.

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SCHWARTZ, Chief Judge.

Rejecting the appellant’s sole point on appeal, we reiterate the universal rule that prior unsuccessful attempts to extradite the defendant, which were aborted because a governor’s warrant from the demanding state did not timely arrive in Florida, have no effect upon the efficacy of a subsequent extradition proceeding which, like this one, was properly supported by a valid warrant. State v. Dearing, 513 So.2d 232 (Fla. 3d DCA 1987); Murphy v. Boehm, 443 So.2d 363 (Fla. 5th DCA 1983); accord, e.g., In re Blackburn, 701 P.2d 715 (Mont.1985); In re Hval, 148 Vt. 544, 537 A.2d 135 (1987). Accordingly, the trial judge properly denied Whetstone’s application for habeas corpus.

Affirmed.

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Bluebook (online)

524 So. 2d 1159, 13 Fla. L. Weekly 1199, 1988 Fla. App. LEXIS 2017, 1988 WL 47492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whetstone-v-freeman-fladistctapp-1988.

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