Arrest and Related Procedures
Form of demand
See also annotations under ORS 147.030 in permanent edition.
Notes of Decisions
Unless a petitioner can prove otherwise, the certification in a requisition for extradition establishes the validity of the accompanying affidavits. Ault/Gilbert v. Purcell, 16 Or App 664, 519 P2d 1285 (1974), Sup Ct review denied
Demand under this section is sufficient if it is accompanied by documentary proof that person is duly charged with “crime” in demanding state and is subject to arrest there or that person has been convicted or sentenced in demanding state and has escaped confinement or violated terms of conditional release. State ex rel Groves v. Mason, 33 Or App 63, 575 P2d 679 (1978), Sup Ct review denied; State ex rel Hansen v. Skipper, 137 Or App 315, 904 P2d 1079 (1995)
Since Governor’s warrant furnished independent basis for accused’s arrest and detention, detention under governor’s warrant and demand documents which were inconsistent with prior fugitive warrant was not invalid where governor’s warrant and demand documents were not themselves shown to be invalid. State ex rel Eggleston v. Hatrak, 54 Or App 974, 636 P2d 1017 (1981)