Friday, November 15, 2013

In re Extradition of Adams case brief

In re Extradition of Adams case brief summary
579 N.E.2d 752 (1989)


CASE SYNOPSIS
Appellant mother challenged a judgment by the trial court (Ohio), which denied her petition for a writ of habeas corpus challenging the legality of a warrant for her arrest and an extradition order issued by the Governor of Ohio.

CASE FACTS
Following the parties' divorce in California, the mother moved to Ohio with the parties' son, while the father remained in California. A California court ordered that the father was to have visitation with his son over the Christmas holiday. The mother refused visitation. The father obtained a contempt order from the California court, which he sought to have enforced in Ohio. Subsequently, the California court issued an arrest warrant for the mother because interfering with visitation was a felony in that state. The Governor of Ohio subsequently signed an extradition order.

DISCUSSION

  • The court upheld the denial of the petition for a writ of habeas corpus because the extradition order was properly issued under Ohio Rev. Code Ann. § 2963.06, an exception to the rule set forth in Ohio Rev. Code Ann. § 2963.03 that a suspect must be a fugitive from justice in order to be extradited. 
  • Under Ohio Rev. Code Ann. § 2963.06, a suspect was subject to extradition if they performed an act in Ohio that constituted a crime in another state. 
  • Here, the mother's refusal to allow the father visitation with their son constituted a crime in California and provided the basis for her extradition under§ 2963.06.

CONCLUSION
The court affirmed the judgment.

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