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Keywords

appealhearingtrialaffidavithabeas corpusextraditionobjection
habeas corpusfelonyextradition

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Application of Danko, 240 Kan. 431, 731 P.2d 240

Facts

Michael Danko was arrested in Riley County, Kansas, on December 20, 1985, based on a criminal warrant issued in Arkansas for capital murder. Following his arrest, a series of court hearings were scheduled, and the extradition documents were presented to the trial court on February 18, 1986. These documents included various affidavits and warrants from Arkansas, asserting that Danko was present in the state when the crimes were committed. The trial court ultimately denied his petition for a writ of habeas corpus, leading to the appeal.

Michael Danko was arrested in Riley County, Kansas, on December 20, 1985, pursuant to a complaint filed by the State of Kansas requesting his detention pending extradition proceedings on a criminal warrant issued in Arkansas charging Danko with the crime of capital murder, a felony.

Issue

Whether the extradition documents were sufficient to satisfy Danko's Fourth Amendment right to a judicial determination of probable cause, whether he was illegally detained beyond the 30-day period allowed, and whether the Arkansas extradition warrant was defective.

Three issues are raised: Whether the extradition documents are sufficient to satisfy petitioner's Fourth Amendment right to a judicial determination of probable cause; whether the petitioner was illegally detained in Kansas beyond the 30–day period allowed by K.S.A. 22–2715; and whether the Arkansas extradition warrant was defective on its face because it failed to allege that Danko was in Arkansas at the time the offenses were committed.

Rule

In a habeas corpus action arising out of an extradition proceeding, Kansas courts are without power to review the determination of probable cause made by the courts of the demanding state. Judicial proceedings in a demanding state are presumed to be regular and in conformity with Constitutional requirements.

In a habeas corpus action arising out of an extradition proceeding, when the extradition documents disclose that a judge or magistrate in the demanding state has issued an arrest warrant against the accused on a felony charge, Kansas courts are without power to review the determination of probable cause made by the courts of the demanding state.

Analysis

The court applied the rule by emphasizing that the extradition documents, which included an arrest warrant issued by an Arkansas judge, were sufficient to establish that probable cause had been determined in the demanding state. The court noted that any challenge to the probable cause determination must be made in the courts of Arkansas, not Kansas. Additionally, the court found that Danko's detention beyond the 30-day period was not reversible error due to the lack of timely objection from the petitioner.

The record before us discloses that arrest warrants were issued by Arkansas judges on all three charges prior to Danko's arrest in Riley County. The bench warrant charging Danko with failure to appear on a felony charge was issued upon the order of the judicial officer before whom Danko failed to appear on the weapon charge.

Conclusion

The Supreme Court of Kansas affirmed the district court's decision, denying Danko's petition for a writ of habeas corpus and ordering him remanded to the custody of Arkansas authorities for extradition.

The judgment of the district court, denying the petition of Michael Danko for a Writ of Habeas Corpus, is affirmed.

Who won?

The State of Kansas prevailed in the case, as the court upheld the extradition process and the validity of the documents provided by the demanding state.

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