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RICHARD C. ALLEN v. STATE OF MISSISSIPPI AND DUANE DILLON

NOVEMBER 04, 1987

RICHARD C. ALLEN
v.
STATE OF MISSISSIPPI AND DUANE DILLON, SHERIFF OF PIKE COUNTY



BEFORE ROY NOBLE LEE, C.J., PRATHER AND SULLIVAN, JJ.

PRATHER, JUSTICE, FOR THE COURT.

An extradition request from the demanding state of Alaska for return of a fugitive within this state preceded a habeas corpus petition in the Pike County Circuit Court. The focus of this Court's opinion is on the standard of the courts of the asylum state in reviewing a release on habeas corpus.

I.

 Richard C. Allen was charged by indictment in the State of Alaska with the sexual assault of his minor stepdaughter. The indictment charged that the offense was committed from on or about the summer of 1984 through July, 1985.

 On November 7, 1986, the Governor of Mississippi issued a Governor's Warrant commanding that the fugitive be arrested and delivered over to the designated agents of the demanding state. Thereafter, Richard C. Allen filed a petition for Writ of Habeas Corpus in the Circuit Court of Pike County, Mississippi on February 2, 1987. A response was filed by the State of Mississippi.

 A hearing was held on March 3, 1987. At the hearing, the Governor's Warrant and requisition documents from the State of Alaska were introduced into evidence. Notwithstanding, Mr. Allen put on evidence to establish that he was absent from the State of Alaska on several occasions during the period of time charged in the indictment. The State in rebuttal to this proof established through cross-examination that the appellant was a resident of Alaska during the summer of 1984 through July, 1985.

 At the close of this hearing, the trial court denied Mr. Allen's petition for habeas corpus. Richard C. Allen, the appellant, was denied relief on a petition for writ of habeas corpus in the Circuit Court of Pike County, Mississippi. Allen appeals assigning as error the failure of the Alaska

 indictment and supporting official documents to provide a reasonable specific date of the crime charged denies appellant his right to claim that he was not present at the time of the alleged crime.

 II.

 DID THE FACT THAT THE ALASKA INDICTMENT FAILED TO ALLEGE A SPECIFIC DATE OF THE CRIME CHARGED DENY APPELLANT HIS RIGHT TO CLAIM THAT HE WAS NOT PRESENT AT THE TIME OF THE ALLEGED

 CRIME?

 In the case at bar, Mr. Allen asserts resistance to the Alaska authorities by claiming he was not in Alaska at the time of the alleged crime. Therein, Mr. Allen argues that this fact is almost impossible to prove without specific dates of the crime.

 To reinforce Mr. Allen's argument, he cites the United States Supreme Court decision, Michigan v. Doran, 439 U.S. 282, 99 S.Ct. 530, 58 L.Ed. 2d 521 (1978). The United States Supreme Court in Michigan defines the scope of review in extradition proceedings wherein the Governor of the state ...


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