Ex Parte Trace McKay, 04-17-00656-CR

Trace McKay, a Wisconsin convict on extended supervision, left Wisconsin and was found in Texas after allegedly violating supervision.
Wisconsin requested extradition; the Governor of Texas issued a Governor’s Warrant and McKay was arrested in Bexar County.
McKay filed a writ of habeas corpus challenging the extradition, initially arguing misidentification and later arguing the rendition papers were not properly certified/authenticated.
The trial court held hearings on September 21 and 27, 2017, denied habeas relief, and ordered extradition to Wisconsin.
The contested documents included a Governor’s Warrant, Requisition, Agent’s Appointment, and supporting papers; the Requisition stated the attached documents were certified as authentic but did not bear a seal.

Issue	McKay’s Argument	State’s Argument	Held
Whether the extradition papers were properly certified/authenticated	Requisition and supporting papers were defective because not certified, sealed, or authenticated as required by Tex. Code Crim. Proc. art. 51.13 §3, 18 U.S.C. §3182, and the Rules of Evidence	The Governor’s Requisition expressly certified the attached documents as authentic, satisfying state and federal requirements; Rules of Evidence do not apply to extradition habeas	The court held the Requisition’s certification of the annexed documents satisfied statutory and federal authentication requirements; extradition documents were facially in order

Kniatt v. State, 206 S.W.3d 657 (Tex. Crim. App. 2006) (standard of review for habeas abuse of discretion)
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008) (trial court not abusing discretion if within zone of reasonable disagreement)
Ex parte Mason, 656 S.W.2d 470 (Tex. Crim. App. 1983) (defects in supporting documents can defeat prima facie extradition case)
Ex parte Smith, 36 S.W.3d 927 (Tex. App.—San Antonio 2001) (Governor’s Warrant regular on its face establishes prima facie case)
Michigan v. Doran, 439 U.S. 282 (U.S. 1978) (four issues for reviewing extradition habeas denials)
Ex parte Bradley, 456 S.W.2d 370 (Tex. Crim. App. 1970) (approving requisition certifying annexed documents as authentic)