Knight v. BourbeauKnight v. Bourbeau
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The petitioner, Charles Otis Knight, filed a petition for a writ of habeas cоrpus alleging that he was being illegally confined pursuant to a rendition wаrrant issued by the governor of Connecticut in response to a request for extradition from the state of Florida. The trial court denied the relief sought by the petitioner and he has appealed. We find no еrror.
In the trial court, the petitioner claimed that his detention was illegal because the supporting documentation tendered by the stаte of Florida was defective *703in two respects: it allegedly failed to demonstrate that he was “substantially charged” under the laws of the state of Florida and failed to set forth sufficient facts and circumstances to permit a finding of probable cause as required by the fourth amendment to the United States constitution. The trial court reviewed the various documents that had been submitted in support of the Florida requisition wаrrant1 and found them adequate. Michigan v. Doran, 439 U.S. 282, 289-90, 99 S. Ct. 530, 58 L. Ed. 2d 521 (1978); Wentworth v. Bourbeau, 188 Conn. 364, 368, 449 A.2d 1015 (1982). Concluding that the “[petitioner has therefore failed to ovеrcome the presumption of regularity which attaches to a judiсial determination of probable cause for the issuance of an arrest warrant,” the court determined that the petition for habеas corpus should not issue.
After the trial court had rendered judgment in this case, this court heard and decided Parks v. Bourbeau, 193 Conn. 270, 477 A.2d 636 (1984). There we concluded, on virtually idеntical facts, that once the demanding state submits documents that faсially satisfy the requirements of the Uniform Criminal Extradition Act;
The petitioner’s appeal presses an additional ground for relief which is arguably distinguishable from our holding in Parks v. Bourbeau. He maintains that his extraditiоn, even if authorized by the Uniform Criminal Extradition Act and the extradition clause of the United States constitution,2 is nonetheless illegal because it violates his constitutional rights to due process. This claim was not “distinctly raisеd at the trial” and we therefore decline to consider it.
There is no error.
Notes
These dоcuments included: an application for requisition signed by the state attorney for Palm Beach County; an information, signed by an assistant state’s attorney for the same county, charging the plaintiff with the crime of escape; a probable cause affidavit in aid of extradition signed by an assistant state’s attorney before a judge of the Circuit Court of the Fifteenth Judicial Circuit of Florida; an arrest warrant signed by a judge of the Fiftеenth Judicial Circuit; attestation certificates as to the genuinenеss of signatures; a verification by the state attorney for Palm Beaсh County; and police photos of Charles Otis Knight.
The United States constitution provides, in article four, § 2, clause 2: “A Person charged in any State with Trеason, Felony, or other Crime, who shall flee from Justice, and be found in аnother State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”
Although constitutional claims made for the first time on appeal may be properly pleaded before this court under certain exceptional circumstances; State v. Evans, 165 Conn. 61, 327 A.2d 576 (1973); there are no such circumstances in this case. See Cain v. Moore, 182 Conn. 470, 472, 438 A.2d 723 (1980), cert. denied, 454 U.S. 844, 102 S. Ct. 157, 70 L. Ed. 2d 129 (1981).