15 §210-A. Procedure at hearing
Title 15: COURT PROCEDURE -- CRIMINAL
Part 1: CRIMINAL PROCEDURE GENERALLY
Chapter 9: CRIMINAL EXTRADITION
Subchapter 2: PROCEEDINGS AFTER ISSUANCE OF GOVERNOR'S WARRANT
§210-A. Procedure at hearing
At the hearing on the petition contesting extradition, if the Governor's warrant and the demand comply with the provisions of this chapter, the petitioner has the burden of proving by clear and convincing evidence that the petitioner has not been charged with a crime in the demanding state and that the petitioner is not a fugitive from justice. If the name of the petitioner is the same as that of the person named in the Governor's warrant, the petitioner has the burden of proving, by clear and convincing evidence, that the petitioner is not the person whom the demanding state is seeking to extradite. If the names are not identical, the State has the burden of proving by a preponderance of the evidence that the petitioner is the person sought to be extradited by the demanding state. The following are conclusive on the issue of probable cause: [2003, c. 17, §1 (AMD).]
1. Indictment. An indictment or an information issued upon a waiver of indictment; or
[ 1997, c. 181, §2 (AMD) .]
2. Judicial determination of probable cause. An information or other formal charging instrument or an arrest warrant issued on a determination of probable cause by a judicial officer in the demanding state.
[ 1979, c. 274, §4 (NEW) .]
Affidavits, including any affidavits supplied pursuant to the provisions of section 203 or in support of an application for requisition, and any other hearsay evidence that may be deemed reliable by the court, are admissible at the hearing on the petition contesting extradition, for the purpose of showing that the petitioner is charged with a crime in the demanding state, that there is probable cause, that the petitioner is in fact the person charged with the crime and that the petitioner is a fugitive from justice. [1997, c. 181, §2 (AMD).]
SECTION HISTORY
1977, c. 671, §10 (NEW). 1979, c. 274, §4 (AMD). 1979, c. 701, §§6-8 (AMD). 1981, c. 317, §3 (AMD). 1997, c. 181, §2 (AMD). 2003, c. 17, §1 (AMD).