The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana in La. R.S. 15:161 et seq., governs the process of extraditing individuals accused of crimes from one state to another. A critical aspect of this act is the requirement for a formal demand from the executive authority of the demanding state. This demand must be accompanied by a copy of the indictment, information, or affidavit made before a magistrate, charging the accused with the commission of a crime in the demanding state. Furthermore, the demanding state must provide a copy of the warrant issued by the magistrate or judge of that state. Louisiana law, mirroring the UCEA, requires that the person sought be substantially charged with a crime. The governor of the asylum state, in this case, Louisiana, must then issue a warrant for the arrest of the person sought. The person arrested under this warrant has the right to challenge their detention through a writ of habeas corpus. In such proceedings, the asylum state’s courts review the validity of the extradition request, focusing on whether the person is substantially charged with a crime in the demanding state, whether they are the person named in the warrant, and whether they are a fugitive from justice. The scope of review is generally limited to these fundamental issues and does not delve into the guilt or innocence of the accused. Therefore, if the demanding state’s documentation is complete and demonstrates a substantial charge, Louisiana’s governor is generally obligated to honor the request, provided all procedural requirements are met. The absence of a sworn affidavit before a magistrate in the demanding state’s documentation would render the request procedurally deficient under the UCEA and Louisiana law, potentially leading to the denial of extradition.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Article 11 of the UCEA, and its Louisiana counterpart, La. R.S. 15:160, outlines the grounds for demanding and surrendering persons charged with crimes. A crucial aspect of this process is the arrest of a fugitive before a formal rendition warrant is issued by the demanding state. Louisiana law, specifically La. R.S. 15:162, permits the arrest of a person charged with a crime in another state on an affidavit made before a magistrate of the demanding state, provided the affidavit substantially charges a crime and the person is found within Louisiana. The key here is that the affidavit must demonstrate probable cause for the arrest. The question presents a scenario where an affidavit from Mississippi, stating that a person is charged with theft, is presented to a Louisiana judge. The affidavit details specific stolen items and the alleged date and location of the theft in Mississippi. This level of detail in the affidavit allows the Louisiana judge to determine if there is probable cause to believe that the person committed a crime in Mississippi, thereby satisfying the requirement for arrest under La. R.S. 15:162. Without such specificity, the affidavit might be considered insufficient to establish probable cause for an arrest within Louisiana, potentially leading to a dismissal of the fugitive complaint. The UCEA and Louisiana statutes emphasize that the demanding state’s judicial process must be respected, and the initial arrest in the asylum state should be based on a showing of probable cause.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, governs the process of returning fugitives from justice to the state where they are accused of committing a crime. Article 11 of the UCEA, as codified in Louisiana Revised Statutes Title 15, Section 1751, specifically addresses the demand for extradition. When a person is charged with a crime in one state and flees to another, the demanding state must present a formal demand to the asylum state. This demand must include a copy of the indictment found, or an information supported by an affidavit, or a complaint made before a magistrate, charging the accused with the commission of the crime. Crucially, the demand must also be accompanied by a copy of the judgment of conviction or sentence. The purpose of requiring a judgment of conviction or sentence is to establish that the individual has already been found guilty and is either serving a sentence or has escaped while awaiting sentencing or after being convicted. This distinguishes it from cases where the individual is merely charged but not yet convicted. Therefore, a demand for extradition for a person convicted of a crime and who has escaped from a correctional facility in Mississippi would require documentation of that conviction and escape.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana and most other states, governs the process of interstate extradition. A key aspect of this act is the requirement for a formal demand from the demanding state. This demand must be accompanied by specific documentation, including a copy of the indictment found or an information supported by an affidavit. The affidavit must substantially charge the accused with a crime under the demanding state’s laws. Furthermore, the demanding state’s governor must issue a written application for extradition, which includes a statement that the person is a fugitive from justice. In Louisiana, the governor’s warrant of arrest is the crucial document authorizing law enforcement to take the accused into custody for extradition proceedings. The statute, specifically Louisiana Revised Statutes Title 15, Chapter 5, outlines these requirements. When a person is arrested on a governor’s warrant, they have the right to seek a writ of habeas corpus to challenge the legality of their detention. The grounds for such a challenge are limited to verifying that the person is the one named in the warrant, that the person is substantially charged with a crime in the demanding state, and that the person is a fugitive from justice. The question centers on the procedural requirements for a valid extradition demand and the subsequent legal avenues available to the accused. The specific documents required for the governor’s application from the demanding state are a formal demand, an indictment or information with supporting affidavit, and a statement that the person is a fugitive.

The scenario involves a fugitive, Remy, who is sought for a felony offense in Louisiana and has fled to Arizona. Louisiana, as the demanding state, must initiate the extradition process. This process is governed by the Uniform Criminal Extradition Act (UCEA), adopted in Louisiana through La. R.S. 15:1601 et seq. The core of the process requires Louisiana to formally request Remy’s return from Arizona, the asylum state. This request must be accompanied by specific documentation, as outlined in La. R.S. 15:1603. The statute mandates that the accusation of the crime must substantially charge the fugitive with the commission of a crime under the laws of the demanding state. This is typically done through an indictment or an information supported by an affidavit. Furthermore, the documents must show that the person sought was present in the demanding state at the time of the commission of the alleged crime. The Governor of Louisiana, upon finding the documentation in order and that the accused is a fugitive from justice, will issue a warrant for Remy’s arrest in Arizona. The Arizona authorities will then arrest Remy based on this warrant. Remy will have the opportunity to challenge the extradition in Arizona courts, typically through a writ of habeas corpus, arguing that he is not the person named in the warrant, or that he was not in Louisiana when the crime was committed, or that the documents are not in order. However, the question specifically asks about Louisiana’s initial responsibility in initiating the process. Therefore, the critical first step for Louisiana is to prepare and forward the necessary documentation to the Governor of Arizona, which includes the accusation substantially charging Remy with the crime and evidence of his presence in Louisiana at the time of the offense.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Article 4 of the UCEA outlines the requirements for an extradition demand. Specifically, Louisiana Revised Statutes Title 15, Chapter 5, Part III, which codifies the UCEA, details the necessary documentation. For a person charged with a crime in the demanding state, the demand must be accompanied by a copy of the indictment found, or an information supported by affidavit, or by a warrant of arrest executed in the demanding state, and a copy of the indictment or information and of the warrant of arrest. The statute further requires that these documents be accompanied by a statement by the executive authority of the demanding state that the person has fled from justice and is duly charged with a crime or is a fugitive from justice. In this scenario, the demanding state of Texas is seeking the extradition of Mr. Antoine Dubois for aggravated assault. The provided documents include a Texas arrest warrant and an affidavit sworn before a Texas magistrate. However, the critical missing element, as per Louisiana’s adoption of the UCEA, is the formal demand from the Governor of Texas, which must be authenticated by the executive authority of Texas. While the warrant and affidavit establish probable cause, the Governor’s formal demand is the executive act that initiates the interstate extradition process under the UCEA. Therefore, the absence of this authenticated demand from the demanding state’s executive authority renders the request procedurally insufficient under Louisiana law.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Louisiana Revised Statutes Title 15, Chapter 1, specifically addresses extradition. When a person is charged with a crime in Louisiana and flees to another state, the Louisiana governor can issue a formal demand for their return. This demand must be accompanied by specific documentation. Louisiana Revised Statutes §15:175 outlines these requirements. The demanding state must provide a copy of the indictment, an information supported by affidavit, or a criminal complaint. Crucially, the statute mandates that the demand include a copy of the judgment of conviction or sentence. If the person has escaped from confinement or violated probation or parole, the demand must include a statement by the judge or magistrate of the demanding court, along with a certified copy of the original judgment of conviction and the order of commitment, or the court’s order admitting the person to probation or parole. The core of the question lies in understanding what document is *not* explicitly required by Louisiana law for extradition of a convicted felon who has absconded from parole. While a parole violation report from the Louisiana Department of Public Safety and Corrections would certainly be relevant in the parole revocation process, it is not a prerequisite document for the *governor’s warrant* to be issued for extradition under the UCEA as codified in Louisiana. The statutory requirements focus on judicial records proving the conviction and the fact of escape or violation of parole, as attested by a judicial officer.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana in La. R.S. 15:160 et seq., governs the process of extraditing individuals accused of crimes from one state to another. A key procedural safeguard within the UCEA is the right of the accused to demand a trial in the demanding state if they are not brought to trial within a specified period after their arrest in the asylum state. Louisiana law, specifically La. R.S. 15:167, addresses this by stating that if a person is arrested in Louisiana on a warrant issued by a judge of another state, and the person is not tried in the demanding state within six months after the date of the arrest, the governor of Louisiana may, upon application of the accused, discharge him from custody. This provision aims to prevent undue delay and harassment of individuals subjected to extradition proceedings. The six-month period is a critical statutory limit designed to ensure timely prosecution by the demanding state. Failure to meet this deadline, without a valid legal justification for the delay, can result in the accused’s release from the extradition process in Louisiana. The core principle is that the demanding state must act with reasonable diligence.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Article 16 of the Louisiana Code of Criminal Procedure, which implements the UCEA, details the procedural requirements. When a person is arrested in Louisiana on a warrant issued by another state, the Louisiana court must determine if the arrested individual is the person named in the original rendition warrant. This involves verifying that the person arrested is indeed the subject of the out-of-state charge. Louisiana law, specifically Article 16.1 of the Code of Criminal Procedure, outlines the hearing process. The accused has the right to challenge the legality of the arrest and the validity of the extradition proceedings. Crucially, the inquiry in the asylum state (Louisiana, in this case) is limited. The court cannot inquire into the guilt or innocence of the accused, nor can it review the merits of the case in the demanding state. The focus is strictly on whether the person is properly charged in the demanding state, whether they are a fugitive from justice, and whether the rendition warrant is in order. Therefore, the asylum state’s court must confirm the identity of the accused and the regularity of the demanding state’s warrant.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Article 4 of the UCEA, as reflected in Louisiana Revised Statutes Title 15, Chapter 3, outlines the procedural requirements for demanding and issuing warrants. Specifically, La. R.S. 15:174 details the necessary documentation for a governor’s warrant. This statute requires the demanding governor to furnish an indictment, an information supported by affidavit, or a complaint made before a magistrate, accompanied by a copy of the judgment of conviction or sentence. The crucial element here is the requirement for a sworn accusation or a conviction record. In the scenario presented, the Governor of Mississippi is seeking the extradition of Mr. Dubois for a parole violation. A parole violation is typically established through an administrative hearing, not necessarily an indictment or a formal criminal conviction record in the same vein as a new crime. However, La. R.S. 15:174(a) permits the use of “a copy of the judgment of conviction or sentence” or “an indictment found or an information filed.” While a parole violation is a consequence of a prior conviction, the documentation accompanying the demand must clearly demonstrate the basis for the alleged violation and the resulting legal status. The statute does not explicitly require a new indictment for a parole violation itself, but rather evidence that the individual is lawfully subject to return to the demanding state. A sworn statement from the Mississippi parole authority detailing the specific violation and the current status of Mr. Dubois’s parole, along with the original conviction and sentencing documents, would satisfy the statutory requirements for the accompanying papers. The key is that the demand must be accompanied by sufficient documentation to establish probable cause that the person sought is a fugitive from justice and that the papers are in order. The absence of a formal “indictment” for the parole violation itself does not invalidate the demand if other legally sufficient documentation, such as the original conviction, sentencing, and the parole board’s determination of violation, is provided.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana in La. R.S. 15:171 et seq., governs the process of interstate rendition of fugitives. When a person is sought by another state for a crime, the demanding state must provide specific documentation to the asylum state. This documentation, as outlined in La. R.S. 15:173, typically includes an indictment, an information supported by a sworn affidavit, or a complaint made before a magistrate, accompanied by a copy of the warrant issued. Crucially, the UCEA requires that the person sought be substantially charged with a crime under the laws of the demanding state. The affidavit supporting the information or complaint must be sworn to by a prosecuting officer of the demanding state or by a magistrate. The question posits a scenario where the affidavit is sworn to by a private citizen who is a witness to the alleged crime in Mississippi. This fails to meet the statutory requirement that the affidavit be made by a prosecuting officer or a magistrate. Therefore, the Governor of Louisiana would be justified in refusing to issue a rendition warrant based on this deficiency in the documentation, as the charge is not properly supported according to the UCEA’s mandates for interstate extradition.

The Uniform Criminal Extradition Act (UCEA), as adopted and modified by Louisiana, governs the process of extraditing individuals accused or convicted of crimes across state lines. Louisiana Revised Statutes Title 15, Chapter 1, specifically addresses extradition. When a person is arrested in Louisiana on a warrant issued by another state, the Louisiana governor’s role is crucial. The governor must issue a warrant for the arrest of the person sought by the demanding state, but only after reviewing the documentation presented by the demanding state’s executive authority. This documentation must include a copy of the indictment, information, or affidavit charging the person with a crime, accompanied by a copy of the warrant issued upon such charge. Furthermore, the demanding state’s executive must certify that the person is a fugitive from justice. Louisiana law, consistent with the UCEA, requires that the person arrested be taken before a judge or magistrate in Louisiana. This judicial officer must inform the arrested individual of the demand for their extradition and the crime with which they are charged. The arrested person then has the right to challenge the legality of their arrest and detention, typically through a writ of habeas corpus. The grounds for challenging extradition are limited, focusing on whether the person is the same one named in the warrant, whether they are a fugitive from justice, and whether the demanding state’s documents are in order. The governor’s warrant is considered prima facie evidence of the legality of the arrest and detention. Therefore, the process involves executive action by the Louisiana governor, judicial review by a Louisiana magistrate, and potential judicial review by a Louisiana court via habeas corpus.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, governs the process of returning fugitives from justice to the demanding state. Article 434.10 of the Louisiana Revised Statutes outlines the requirements for an extradition warrant. For an individual to be extradited, the demanding state must present an affidavit made before a magistrate, charging the accused with having committed a crime in that state. This affidavit must be accompanied by a copy of the indictment found in the demanding state or by an information supported by an affidavit. Alternatively, a judgment of conviction or a sentence imposed in lieu of a conviction, together with a statement by the executive authority of the demanding state that the person has escaped from the custody or broken the terms of the bail, probation, or parole, is sufficient. In this scenario, the Governor of Mississippi has provided a sworn complaint alleging that Antoine Dubois committed theft in Mississippi, supported by a copy of a Mississippi arrest warrant signed by a Justice of the Peace. This documentation fulfills the foundational requirements for a valid extradition request under Louisiana law, as it demonstrates a charge of a crime in the demanding state, supported by a sworn document before a judicial officer, and a formal arrest warrant issued by a magistrate. Therefore, the extradition process can proceed.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana in La. R.S. 15:171 et seq., governs the process of extraditing individuals accused or convicted of crimes across state lines. A critical aspect of this process involves the governor’s role in issuing a warrant for arrest. Louisiana law, specifically La. R.S. 15:174, outlines the requirements for such a warrant. The demanding state must present an affidavit made before a magistrate substantially charging the person with a crime, accompanied by a copy of the indictment found or information levied against the person. The information or indictment must be authenticated by the executive authority of the demanding state. The governor of the asylum state, in this case, Louisiana, must then be satisfied that the person is substantially charged with a crime and that the person is a fugitive from justice. Upon this satisfaction, the governor issues a warrant for the arrest of the accused. The warrant is directed to any peace officer or judge of Louisiana. It must substantially charge the person with the crime in the demanding state. The question asks about the proper recipient of the governor’s warrant in Louisiana under the UCEA. The relevant statute, La. R.S. 15:174, states that the warrant shall be directed to any judge, magistrate, or peace officer of this state. Therefore, the governor’s warrant for the arrest of a fugitive from justice can be directed to any judge, magistrate, or peace officer within Louisiana.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, governs the process of interstate rendition of fugitives. Article 11 of the UCEA, as codified in Louisiana Revised Statutes Title 15, Chapter 5, Section 1471 et seq., outlines the procedures and requirements. Specifically, the demanding state must provide a sworn application for requisition, accompanied by a copy of the indictment, information, or affidavit charging the accused with a crime, along with a copy of the judgment of conviction or sentence. The demanding state’s executive authority must certify that the person is a fugitive from justice. Louisiana law, mirroring the UCEA, requires that the accused be arrested upon a warrant issued by a Louisiana judge or magistrate, based on the proper documentation from the demanding state. The accused is entitled to a hearing before a judge or magistrate to determine if they are the person named in the warrant and if they are substantially charged with a crime in the demanding state. The burden is on the demanding state to prove these elements. The accused can waive extradition. If the accused is not arrested within a reasonable time or if they are not delivered to the demanding state within a specified period (typically 30 days, though this can be extended), they must be discharged. The core of the question lies in identifying the specific procedural safeguard available to an individual sought for extradition from Louisiana, focusing on the judicial review available to challenge the legality of the detention and the basis for the extradition request. This review is not an inquiry into guilt or innocence but rather a confirmation of the formal requirements and the probable cause for the charge.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana as La. R.S. 15:161 et seq., governs the process of extraditing individuals accused or convicted of crimes across state lines. A critical aspect of this act concerns the documentation required to support an extradition request. When a person is sought for a crime committed in the demanding state, the supporting documents must include an indictment found, an information supported by a sworn affidavit, or a warrant supported by an affidavit. The affidavit must establish probable cause that the accused committed the offense. The question scenario involves a fugitive apprehended in Louisiana who is sought by the state of Texas for alleged theft. Texas’s request is supported by a sworn affidavit detailing the alleged theft and a warrant issued by a Texas magistrate based on that affidavit. This aligns precisely with the requirements of La. R.S. 15:167(1), which specifies that a warrant of arrest supported by an affidavit is sufficient documentation when the fugitive is sought for a crime committed in the demanding state. Therefore, the absence of a formal indictment or information does not render the extradition request invalid, as the Texas warrant and supporting affidavit meet the statutory criteria for initiating extradition proceedings.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana and many other states, governs the process of interstate rendition. Specifically, Article 4 of the UCEA, as codified in Louisiana Revised Statutes Title 15, Chapter 4, addresses the procedure for demanding and surrendering fugitives. When a person is charged with a crime in one state (the demanding state) and is found in another state (the asylum state), the governor of the demanding state can issue a formal demand for the fugitive’s return. This demand must be accompanied by specific documentation, including a copy of the indictment, an information, or a criminal complaint, along with a warrant issued by a judicial officer of the demanding state. Louisiana Revised Statutes §15:173 outlines these requirements for the demand. The asylum state’s governor then reviews this demand. If the documents are in order and the person sought is indeed in the asylum state and charged with a crime as alleged, the governor issues a warrant for the arrest of the fugitive. This warrant, often referred to as a governor’s warrant, is then executed by law enforcement officials in the asylum state. The arrested individual has the right to challenge their extradition through a writ of habeas corpus, as provided for under Louisiana Revised Statutes §15:175. This habeas corpus proceeding allows the fugitive to question the legality of their detention, typically focusing on whether they are the person named in the warrant, whether they are substantially charged with a crime in the demanding state, and whether the demand documents are in proper order. The governor’s warrant itself is prima facie evidence of these facts. Therefore, the critical document that initiates the formal arrest process in the asylum state, based on a demand from a demanding state under the UCEA framework, is the governor’s warrant.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, outlines the procedures for interstate rendition of fugitives. Article 437 of the Louisiana Code of Criminal Procedure, which mirrors the UCEA, specifies the requirements for a valid rendition warrant. A rendition warrant must be issued by the governor of the demanding state, be accompanied by a copy of the indictment or information, or a sworn affidavit, charging the accused with a crime in that state. Furthermore, the warrant must also include a copy of the judgment of conviction or sentence, if the accused has been convicted and has escaped or broken faith with their bail, bond, or other release from custody. In the given scenario, the governor of Mississippi has issued a rendition warrant for Mr. Dubois, who is alleged to have committed a felony in Mississippi and subsequently fled to Louisiana. The warrant is supported by a certified copy of the indictment from Mississippi, which formally charges Mr. Dubois with the felony. This indictment serves as sufficient documentation to establish probable cause that Mr. Dubois committed the crime in Mississippi. The UCEA and Louisiana’s implementing statutes do not mandate that the demanding state must also provide a sworn affidavit in addition to a valid indictment when the fugitive is charged with a crime and has not yet been convicted. The indictment itself, when properly certified, fulfills the requirement of charging the accused with a crime. Therefore, the rendition warrant is legally sufficient.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana through La. R.S. 15:161 et seq., governs the process of extraditing individuals accused or convicted of crimes across state lines. A critical aspect of this act concerns the procedural safeguards afforded to the person sought for extradition. Specifically, La. R.S. 15:171 outlines the right of the accused to demand a trial if they have been charged with a crime in the demanding state but have not been brought to trial within a specified period. This period is generally six months from the time of the arrest in the asylum state, unless there are specific circumstances that justify a longer delay, such as the unavailability of a material witness. The purpose of this provision is to prevent indefinite detention and to ensure that individuals are not subjected to prolonged uncertainty regarding their legal status. The question probes the specific timeframe stipulated for demanding a trial under Louisiana’s implementation of the UCEA when the accused has not been tried in the demanding state. The statute provides for a six-month period.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana and most other states, outlines the procedures for interstate rendition. A critical aspect of this process is the requirement for a formal demand from the demanding state, which must include specific documentation. Louisiana Revised Statutes Title 15, Chapter 5, specifically RS 15:175, details these requirements. The demanding state’s executive authority must issue a warrant for the arrest of the person charged. This warrant must be accompanied by a copy of the indictment found, or an information or complaint, certified by the executive authority of the demanding state to be authentic. Furthermore, the demanding state must also provide a copy of the judgment of conviction or sentence, if the person has been convicted and has escaped or fled from justice after sentence. In this scenario, Governor Dubois of Louisiana is presented with a request from Governor Sterling of Texas. The Texas request includes an arrest warrant and a certified copy of the indictment. However, it conspicuously lacks a certified copy of the judgment of conviction or sentence, which is crucial when the fugitive has already been convicted and is sought for violation of parole or escape after sentencing. While the indictment itself establishes the charge, the absence of the conviction or sentencing document means the Texas request is incomplete under the UCEA as adopted in Louisiana. Therefore, Governor Dubois would be legally justified in refusing to issue a rendition warrant based on the incomplete documentation, as per RS 15:175. The process requires adherence to the statutory mandates for a valid extradition request to ensure due process and prevent unwarranted rendition.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, governs the process of interstate rendition. Louisiana Revised Statutes Title 15, Chapter 4, specifically outlines the procedures and requirements for extradition. When a person is sought for a crime committed in one state but is found in another, the demanding state must present specific documentation to the asylum state. This documentation, as per R.S. 15:174, typically includes an indictment found, an information supported by a deposition, or a warrant of arrest. Crucially, the demanding state must also provide an affidavit, made before a magistrate, substantially charging the accused with having committed a crime under the laws of the demanding state. This affidavit is essential for establishing probable cause. The absence of a formal indictment, if the demanding state’s law allows for prosecution via information and deposition, does not invalidate the extradition request, provided the alternative documentation meets the statutory requirements. Therefore, an information supported by a deposition, when properly executed and accompanying the request, is a valid basis for extradition under Louisiana law. The question hinges on whether the supporting documentation meets the legal standard for charging the offense, not solely on the presence of a grand jury indictment.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana and codified in Louisiana Revised Statutes Title 15, Chapter 5, governs the process of extraditing individuals accused or convicted of crimes across state lines. Article IV, Section 2 of the U.S. Constitution mandates that a person charged with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, upon demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. Louisiana’s adherence to the UCEA means that when a person is sought by another state for a crime and is found within Louisiana, the governor of the demanding state must issue a formal requisition. This requisition must be accompanied by a copy of the indictment found, or an information or accusation made before a magistrate, charging the accused with the commission of a crime, certified as authentic by the governor of the demanding state. Furthermore, the requisition must include a copy of the judgment of conviction or sentence, if the person has been convicted and has escaped or fled from justice. Louisiana law, specifically La. R.S. 15:174, details the requirements for the demanding state’s documentation. The accused must be substantially charged with a crime in the demanding state, and the documents must demonstrate this. The presence of the accused in the demanding state at the time of the alleged commission of the crime is a crucial element that must be evident from the submitted documents. If these prerequisites are not met, the governor of Louisiana may refuse the extradition. The question focuses on the specific documentation required for a fugitive from justice who has been convicted and escaped, highlighting the need for a certified copy of the judgment of conviction or sentence.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana and most other states, outlines the procedures for interstate rendition. Article 4 of the UCEA, as codified in Louisiana Revised Statutes Title 15, Chapter 3, specifically addresses the demand for extradition and the supporting documents required. When a person is charged with a crime in one state and flees to another, the demanding state must present specific documentation to the governor of the asylum state to initiate the extradition process. This documentation must include a copy of the indictment found or an information supported by an affidavit, or a complaint made before a magistrate, charging the accused with the commission of the crime. Crucially, this charging document must be accompanied by a copy of the warrant issued upon such indictment, information, or complaint. The UCEA mandates that these documents must substantially charge the accused with having committed a crime under the laws of the demanding state. Therefore, the absence of a warrant that corresponds to the indictment or information would render the extradition request legally insufficient. The UCEA does not require proof of guilt, but rather a showing that the accused was charged with a crime in the demanding state, supported by the proper legal instruments.

The Uniform Criminal Extradition Act (UCEA), adopted in Louisiana, outlines the procedures for interstate rendition of fugitives. Article 11 of the UCEA, and its Louisiana counterpart, LA RS 15:170, specifically address the process of demanding and granting asylum for fugitives. When a person is arrested in Louisiana on a warrant issued by another state, the Louisiana authorities must inform the person of the charge, the demanding state, and their right to demand a judicial hearing. This hearing is crucial for determining if the person is indeed the one named in the warrant and if they are a fugitive from justice. The burden of proof rests on the demanding state to demonstrate these facts. If the arrested individual is found to be the subject of the warrant and a fugitive, and if they have not waived extradition, Louisiana must issue a Governor’s warrant for their arrest and delivery to the demanding state. The demanding state’s prosecutor must present a formal application to the Governor of Louisiana, including a copy of the indictment or information, an affidavit or complaint, and a judgment of conviction or sentence, if applicable, all authenticated as required by law. The question focuses on the initial procedural safeguard afforded to an individual arrested in Louisiana based on a demanding state’s warrant, which is the right to a hearing to contest their identity and fugitive status.

The Uniform Criminal Extradition Act (UCEA), as adopted by Louisiana (La. R.S. 15:171 et seq.), governs the process of extraditing individuals accused of crimes across state lines. A crucial aspect of this process involves the demand for extradition by the demanding state. La. R.S. 15:173 outlines the requirements for this demand. The law specifies that the demand must be accompanied by a copy of the indictment found, or an information supported by affidavit, or by a warrant of arrest executed in the demanding state. These documents must charge the accused with having committed a crime in the demanding state. Furthermore, the demand must be accompanied by a copy of the judgment of conviction or sentence, if the accused has been convicted and has escaped or fled from justice after having been convicted. The critical element here is that the supporting documentation must demonstrate that the accused is substantially charged with a crime in the demanding state. The presence of a signed affidavit from the district attorney of the demanding county, attesting to the accused’s fugitive status and the validity of the charges, is a common and legally sufficient component to meet this requirement, especially when the charge is based on an indictment or a warrant. The affidavit serves to authenticate the accompanying legal documents and confirm the factual basis for the extradition request. The absence of any of these core components, or if the documentation fails to establish a prima facie case that the person committed a crime in the demanding state, would render the extradition request invalid.

The Uniform Criminal Extradition Act (UCEA), as adopted by Louisiana (La. R.S. 15:160 et seq.), outlines the procedural requirements for interstate rendition of fugitives. A crucial aspect of this process involves the Governor’s warrant. Upon receiving a demand for extradition from another state, the Louisiana Governor must review the accompanying documents to ensure they conform to the requirements of the UCEA and federal law. This includes verifying that the demand is made by the executive authority of the demanding state, that the person is charged with a crime in that state, that the person has fled from justice and is found in Louisiana, and that the accompanying papers are substantially in order. If these conditions are met, the Governor issues a warrant for the arrest of the fugitive. This warrant is the legal instrument authorizing law enforcement in Louisiana to take the accused into custody for extradition. The accompanying affidavit must establish probable cause that the person committed the crime in the demanding state, and the indictment or information must be properly certified. The Governor’s role is a discretionary one, but it is guided by the legal standards set forth in the UCEA. The absence of a properly certified indictment or a sworn affidavit alleging facts sufficient to establish probable cause would render the demand insufficient and the Governor’s warrant invalid.

The Uniform Criminal Extradition Act (UCEA), as adopted in Louisiana (La. R.S. 15:171 et seq.), governs the process of extraditing individuals accused or convicted of crimes across state lines. A crucial aspect of this process is the requirement for a formal demand from the executive authority of the demanding state, accompanied by specific documentation. Louisiana law, mirroring the UCEA, mandates that the indictment, information, or affidavit charging the accused must substantially charge an offense under the laws of the demanding state. Furthermore, the rendition warrant issued by the Governor of Louisiana must be based on these authenticated documents. The question probes the validity of an extradition demand when the supporting documentation is incomplete, specifically concerning the absence of a sworn affidavit or indictment that clearly alleges a violation of the demanding state’s laws. In such a scenario, the Governor of Louisiana is not legally compelled to issue a rendition warrant, as the statutory requirements for a valid demand have not been met. The absence of a properly sworn charging document or a valid indictment, which substantiates the alleged crime under the demanding state’s penal code, renders the demand defective and insufficient to compel extradition under Louisiana’s UCEA provisions. This ensures that Louisiana acts only upon legally sufficient demands, protecting against unfounded or improperly initiated extradition proceedings.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana, outlines the procedures for interstate rendition of fugitives. Article 4, Section 2 of the UCEA, as codified in Louisiana Revised Statutes Title 15, Chapter 3, specifically addresses the demand for extradition. A valid demand must include a copy of the indictment found, or information supported by affidavit, or by a complaint made before a magistrate, charging the accused with the commission of a crime in the demanding state. This document must also be accompanied by a copy of the statute or the section of the statute on which the charge is based. Furthermore, the demand must certify that the accused was present in the demanding state at the time of the commission of the alleged crime and that the accused is now a fugitive from justice. The question presents a scenario where the demand from Mississippi lacks a certified copy of the statute under which the accused is charged. This omission is a critical defect according to the UCEA, as it prevents the accused and the asylum state’s authorities from verifying the alleged crime’s statutory basis. Therefore, Louisiana authorities are not legally obligated to honor such a demand.

The Uniform Criminal Extradition Act (UCEA), adopted by Louisiana in La. R.S. 15:1601 et seq., governs the process of extraditing individuals accused or convicted of crimes across state lines. A critical aspect of this act is the requirement for a formal demand from the executive authority of the demanding state, accompanied by specific documentation. Louisiana law, mirroring the UCEA, mandates that the governor of Louisiana, upon receiving a proper demand, shall issue a warrant for the arrest of the person sought. This warrant must be accompanied by a copy of the indictment, information, affidavit, or judgment of conviction, certified as authentic by the executive authority of the demanding state. Furthermore, the demanding state must also provide a copy of the warrant or other process issued by a judge or magistrate in that state, along with a statement of the nature of the offense charged. The asylum state governor’s role is primarily ministerial; they must be satisfied that the person sought is substantially charged with a crime in the demanding state and that the documentation meets the statutory requirements. The fugitive has the right to challenge the legality of their detention through a writ of habeas corpus, but this challenge is limited to whether the person is the one named in the extradition warrant and whether they are substantially charged with a crime in the demanding state. The question specifically asks about the procedural deficiency in the demand from California, focusing on the missing component required by Louisiana’s adoption of the UCEA. The absence of a certified copy of the warrant or other process issued by a judicial officer in California, along with the statement of the offense, renders the demand procedurally defective under La. R.S. 15:1605(1). The demand must contain the information required by the demanding state’s laws, and that information must be presented in a way that satisfies the requirements of the asylum state’s governing extradition statutes.

The Uniform Criminal Extradition Act (UCEA), as adopted in Louisiana, governs the process of interstate rendition. A critical aspect of this act concerns the legal basis for holding an individual in custody pending the arrival of the demanding state’s agent. Louisiana Revised Statutes Title 15, Chapter 4, specifically RS 15:175, addresses this. This statute permits the arrest of a person sought under an extradition warrant even without the warrant being in the arresting officer’s possession at the time of arrest, provided the person is informed of the fact that a warrant has been issued and of the crime charged. Crucially, the statute also outlines the procedure for bringing the arrested individual before a judge. RS 15:176 mandates that the person arrested must be taken before a judge of a court of record with jurisdiction. The judge must then inform the person of the demand for their extradition and the crime with which they are charged. The individual is then given an opportunity to show cause why they should not be surrendered. If the person is not taken before a judge within a specified timeframe or if the judge determines there are no grounds for holding them, they must be discharged. The question revolves around the procedural safeguard that ensures an individual is not held indefinitely without judicial review. The correct understanding is that the individual must be brought before a judge of a court of record for a hearing to determine the legality of their detention and the validity of the extradition request, as stipulated by Louisiana’s implementation of the UCEA. The initial arrest can be based on information that a warrant exists, but the subsequent judicial review is paramount.