Trevino Darnell Fox v. State, 03-15-00012-CR

Trevino Darnell Fox was the subject of an Iowa requisition alleging probation violations and convictions (possession with intent to deliver, failure to affix drug tax stamp, failures to appear, assault D/A causing injury).
Iowa Governor Branstad requested extradition; Texas Governor Perry issued a governor’s warrant on October 31, 2014.
The Iowa supporting materials included an affidavit by a Black Hawk County probation officer stating (incorrectly) that Fox was "in the custody of the Milwaukee County, Milwaukee Wisconsin Police Department."
Fox filed a state habeas petition asserting the erroneous custody recital rendered the governor’s warrant invalid; a magistrate and the trial court denied relief, finding the papers regular on their face and treating the recital as a clerical error.
Fox appealed, arguing he met his burden to show by a preponderance that the extradition papers contained an inaccurate recital and thus the warrant was invalid.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the governor’s warrant is invalid because the supporting affidavit inaccurately recites that the fugitive was "in custody" in Milwaukee, defeating the prima facie case for extradition	Fox: The affidavit’s false recital (custody in Milwaukee) defeats the prima facie case; he proved the inaccuracy by a preponderance and is entitled to discharge	State: The reference was an inadvertent clerical error and superfluous; overall documents are regular on their face and meet extradition requirements	Magistrate and trial court denied relief, finding documents regular on their face and treating the recital as clerical; Fox appeals asserting abuse of discretion

California v. Superior Court, 482 U.S. 400 (1987) (scope of asylum-state court review in extradition)
Michigan v. Doran, 439 U.S. 282 (1978) (limits on review and the four Doran factors for asylum-state habeas review)
New Mexico ex rel. Ortiz v. Reed, 524 U.S. 151 (1998) (examination of extradition procedures and asylum-state review)
Ex parte Cain, 592 S.W.2d 359 (Tex. Crim. App. 1980) (burden shifts to fugitive to prove inaccuracies in governor’s warrant materials)
Ex parte Lekavich, 145 S.W.3d 699 (Tex. App.—Ft. Worth 2004) (governor’s warrant regular on its face constitutes prima facie evidence for extradition)
Kniatt v. State, 206 S.W.3d 657 (Tex. Crim. App. 2006) (standard of review for pretrial habeas rulings; petitioner’s burden by preponderance)