Boudreaux v. State

Oct 28, 1999

OUTCOME: Affirmed

After two failed attempts to extradite accused as fugitive, requesting state sought accused's extradition as nonfugitive to stand trial on charge of felony nonsupport. After governor issued arrest warr ... ant and directed accused's surrender, accused petitioned for writ of habeas corpus. The Sixth District Court, Manti Department, David Mower, J., denied petition and authorized extradition. Accused appealed. The Court of Appeals, Jackson, J., held that: (1) on issue of first impression, case law governing fugitive extradition applied by analogy to nonfugitive extradition; (2) scope of evidence admissible in nonfugitive extradition case was limited to evidence permissible in fugitive case; (3) extradition attempt was not barred by issue preclusion; (4) Kentucky, not Utah, had jurisdiction over felony nonsupport charge; and (5) refusal to admit accused to bail pending extradition was not abuse of discretion.