Cressionnie v. Sparkman
| Docket Number: | 2002-CP-00212-COA Linked Case(s): 2002-CP-00212-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-21-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Timeliness of extradition - 18 U.S.C.A. § 3182 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and Myers, JJ. Non Participating Judge(s): Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-11-2002 Appealed from: Sunflower County Circuit Court Judge: Richard Smith Disposition: HABEAS PETITION DISMISSED; THE DELAY IN THE EXTRADITION TO MISSISSIPPI DID NOT VIOLATE EXTRADITION LAWS. District Attorney: Frank Carlton Case Number: 2001-0554 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clinton L. Cressionnie a/k/a Tony Roberts |
PRO SE |
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| Appellee: | Emmitt L. Sparkman | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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| Topic: | Post-conviction relief - Timeliness of extradition - 18 U.S.C.A. § 3182 |
| Summary of the Facts: | After completing a Florida sentence, Clinton Cressionnie was extradited to Mississippi where he was convicted of three pending charges. He appealed, and the Court of Appeals affirmed his conviction and sentence. Cressionnie filed an application for writ of habeas corpus which was denied. He appeals. |
| Summary of Opinion Analysis: | 18 U.S.C.A. § 3182 provides that whenever the executive authority of a state demands a person as a fugitive from justice and produces a copy of an indictment or an affidavit charging the person demanded with having committed treason, felony, or other crime, the executive authority of the state to which such person has fled shall cause him to be arrested and delivered to the agent of such authority appointed to receive the fugitive when he shall appear. The prisoner may be discharged if the agent fails to appear within thirty days from the time of the arrest. Cressionnie argues that the statute required that Mississippi produce its agent within thirty days from the date of his arrest in Florida. However, the statute applies when the sole basis for the asylum state's detention of a fugitive is the demanding state's extradition request. Cressionnie's detention was based on crimes he had committed in Florida as well as on Mississippi's extradition request. An asylum state may postpone extradition until the resolution of criminal charges incurred by the fugitive during his refuge in the asylum state. Here, Florida and Mississippi elected to allow Cressionnie to complete his Florida sentence before extradition for trial in Mississippi. At completion of the Florida sentence, Mississippi had thirty days in which to present its agent for extradition. Extradition occurred the day that Cressionnie completed the Florida sentence |
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