Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Gregg County law enforcement officials apprehended David Hearing because he was wanted in Tennessee to face two murder charges. At his extradition hearing, the trial court found: 1. Hearing was validly wanted by Tennessee officials; 2. the necessary documents for Hearing’s return to Tennessee had been presented to the court by Tennessee and Texas prosecutors; and 3. Hearing should be extradited to Tennessee. On appeal, Hearing challenges the probable cause determination to have him arrested, the state’s documentation supporting the extradition and the sufficiency of the evidence that Hearing was really the person being sought by Tennessee. HOLDING:Affirmed. The court explains that under the Uniform Criminal Extradition Act, which Texas has adopted, there are only four issues an asylum state, as Texas is in this case, may consider: 1. whether the extradition documents are, on their face, in order; 2. whether the accused has been charged with a crime in the demanding state; 3. whether the person in custody is the same person the demanding state now requests be extradited; and 4. whether the accused is a fugitive. The asylum state cannot hear possible defenses to the underlying charge, nor consider whether the person is guilty. Further, the person cannot challenge whether probable cause existed in the demanding jurisdiction in order to issue an arrest warrant. Here, once the Texas governor issued a warrant based on information provided by Tennessee officials, Hearing had no right to challenge that underlying information. Hearing did not properly preserve his arguments regarding the extradition documents or the accuracy of his identity, the court rules. OPINION:Morriss, C.J.; Morriss, C.J., Ross and Carter, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.