ALABAMA v. BATTLES,
Annotate this Case
452 U.S. 920 (1981)
- Syllabus |
U.S. Supreme Court
ALABAMA v. BATTLES , 452 U.S. 920 (1981)
452 U.S. 920
State of ALABAMA
Supreme Court of the United States
June 8, 1981
On petition for writ of certiorari to the Court of Criminal Appeals of Alabama.
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
Chief Justice BURGER, with whom Justice BLACKMUN and Justice REHNQUIST join, dissenting.
On The demand consisted of four documents: (a) a verified information; (b) an affidavit; (c) a warrant for respondent's arrest; and (d) a formal request for extradition.
The information, dated August 20, 1979, charges that on or about July 1, 1979, respondent was present in Bay County, Fla., and obtained an automobile from one Stimmett by issuing a personal check for $1,300 drawn upon a closed account at an Alabama bank. After describing this transaction in detail and alleging that respondent acted with knowledge that there were insufficient funds on deposit to cover his check, the information charges that respondent thereby
committed two felonies: (a) obtaining a motor vehicle with intent to defraud and (b) passing a worthless check. [Footnote 1] The information is verified by an oath in which the prosecutor swears that the charges "are based upon facts that have been sworn to as true, and which, if true, would constitute the offense therein charged," and also that the information "is filed in good faith."
The affidavit, sworn to before a Magistrate on August 31, 1979, avers : the affiant is an investigator with the office of the State Attorney in Panama City, Bay County, Fla.; the affiant has investigated the offense; and "during the course of my investigation, I obtained the following facts ," at which point the affidavit substantially repeats the facts charged in each count of the information.
The arrest warrant, pursuant to Florida law, was automatically issued by the Clerk of the Circuit Court of Bay County upon the filing of the verified information.
The request for extradition is signed by the Governor and Secretary of State of Florida and bears the seal of the State of Florida. It certifies that respondent "was present in [Florida] at the time of the commission of said crime and thereafter fled from the justice of this State"; that respondent has taken refuge in Alabama; and that the other extradition documents are "authentic and duly authenticated in accordance with the laws of the State of Florida."
On October 11, 1979, the Governor of Alabama ordered extradition "in obedience to the Constitution and the laws of the United States and the laws of the State of Alabama" and issued a rendition warrant. Pursuant to that warrant, Alabama placed respondent under arrest.
Respondent immediately sought habeas corpus in the Circuit Court of Etowah County, Ala. At the habeas hear- [452 U.S. 920 , 922]