7 results for 'cat:"Extradition"'.
J. Burnett finds a lower court improperly placed an extradition order on a defendant. The public prosecutor argued that it was entitled to impose a prison sentence on the defendant for sexual activity with a minor. However, the defendant sufficiently showed in court that he was not deliberately absent under criminal standard of proof based on his unawareness of the charges. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Burnett, Filed On: March 6, 2024, Case #: 24UKSC9, Categories: Sex Offender, Child Victims, extradition
J. Westbrook finds the trial court properly convicted defendant for attempted lewdness with a child under the age of 14. After extradition from Michigan to Nevada, the court did not inquire into defendant’s ability to pay extradition and psychosexual evaluation restitutions after he objected on the basis of an inability to pay. The court is not required to make a psychosexual evaluation but is required to impose costs only to the extent of defendant’s ability to pay. Affirmed in part. Vacated in part, and remanded.
Court: Nevada Court of Appeals, Judge: Westbrook, Filed On: October 19, 2023, Case #: 85099-COA, Categories: Sex Offender, Child Victims, extradition
J. Harbison finds the district court erred by ruling that defendant's first case had no bearing on whether he could be committed in the second fugitive case involving the state of Washington. “Any commitment to await the issuance and service of a governor’s warrant is limited to a single period of up to ninety days…and includes both incarceration and release on bail or bond. After such a commitment has ended, a fugitive may not be again arrested for the same out-of-state conduct, except upon the service of a governor’s warrant.”
Court: Alaska Court Of Appeals, Judge: Harbison, Filed On: October 13, 2023, Case #: A-13900, Categories: extradition
J. Jacquot finds the trial court erred by ordering defendant, convicted of domestic violence, to pay extradition costs. Defendant was sentenced to prison, and there was no evidence of his available financial resources at the time of sentencing. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: September 7, 2023, Case #: A176930, Categories: Assault, extradition
J. Brown finds the circuit court properly entered a $300,000 bond forfeiture judgment after defendant, whose appearance on multiple drug, firearm and terrorism charges was secured by the bond failed to appear. The bondsman argues that since “law enforcement willfully [decided] that extradition would not be authorized if the individual [was] located in another state,” the state didn’t make every reasonable effort to apprehend defendant. The bondsman cites no authority for its assertion that listing defendant as nonextraditable constitutes an unreasonable effort to apprehend. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: August 30, 2023, Case #: CV-22-401, Categories: Drug Offender, Bail, extradition
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J. King finds the lower court improperly determined that the charging document mandate, required by an extradition treaty signed by the U.S. and Lithuania, does not require a charging document analogous to an indictment under American law. The Lithuanian accused of white-collar real estate crimes in his home country was only notified of suspicion by the authorities rather than being delivered a charging document listing the exact charges he faced. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 24, 2023, Case #: 22-6901, Categories: Immigration, Habeas, extradition
J. Moran finds the lower court properly sentenced the contractor. The contractor, who sexually abused a minor while in Japan working as a subcontractor for the Department of Veterans Affairs, signed a plea deal that bars him from challenging whether he falls outside the scope of the Military Extraterritorial Jurisdiction Act. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: June 21, 2023, Case #: 21-4411, Categories: Child Victims, extradition, Child Pornography