Ex Parte Walker
350 S.W.3d 417
Tex. App.2011Background
- Colorado Governor issued a requisition demanding extradition of Walker to Colorado for two counts of theft and two counts of fraud by check, alleging acts in Texas that resulted in a Colorado crime.
- Documents supporting the demand included a Colorado complaint and information, arrest affidavit, and Colorado arrest warrant; four felony charges were alleged in Dolores County, Colorado.
- Texas issued an extradition warrant under Article 51.13, §6, based on Colorado's representations and the requisition.
- Walker filed a habeas corpus application challenging extradition; the trial court denied the application after a hearing.
- The appellate court applied the U.S. and Texas standards for asylum-state review of extradition and confirmed the warrant’s facial regularity and statutory compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Colorado had prosecutable crimes against Walker | Walker asserts no Colorado jurisdiction or prosecutable offenses in Colorado. | Walker did commit acts in Texas that resulted in a Colorado crime, satisfying requisition. | Issues about prosecutability denied; review limited to face of warrant and extradition requisites. |
| Whether the governor's extradition warrant and related documents are facially regular | Not explicitly stated; contends lack of Colorado-prosecutable charges undermines validity. | Warrant is facially regular and supported by proper requisition and Colorado documents. | Warrant and documents are facially in order; extradition valid on face. |
| Whether the petitioner is the person named and a fugitive | Not explicitly contested in the appeal beyond general challenges to prosecutability. | Records identify Walker as the person sought and in custody for extradition. | Petitioner is the named individual and the procedural fugitive status is satisfied. |
Key Cases Cited
- Ex parte Chapman, 601 S.W.2d 380 (Tex.Crim.App.1980) (test for legality of extradition warrants)
- New Mexico ex rel. Ortiz v. Reed, 524 U.S. 151 (U.S. 1998) (limited function of asylum state in extradition)
- California v. Superior Court of California, 482 U.S. 400 (U.S. 1987) (extradition review limited to face of warrant)
- Ex parte Lekavich, 145 S.W.3d 699 (Tex.App.-Fort Worth 2004) (asylum-state review limited to face of documents)
- Michigan v. Doran, 439 U.S. 282 (U.S. 1978) (standards for extradition review in asylum state)
- State ex rel. Holmes v. Klevenhagen, 819 S.W.2d 539 (Tex.Crim.App.1991) (procedural framework for extradition review)
- Ex parte Holden, 719 S.W.2d 678 (Tex.App.-Dallas 1986) (extradition authority and review)
- Ex parte Harrison, 568 S.W.2d 339 (Tex.Crim.App.1978) (discretionary surrender under Article 51.13, §6)
- Wright v. State, 717 S.W.2d 485 (Tex.App.-San Antonio 1986) (facially regular governor's warrant and requisition sufficiency)