How to Request Extradition In Texas ?
A demand for extradition must be accompanied by a copy of:
(1) an indictment;
(2) an information supported by an affidavit;
(3) an affidavit before a magistrate and any warrant issued thereupon;
(4) a judgment of conviction or sentence imposed, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. See TEX. CODE CRIM. PROC. ANN. art. 51.13, 3 (Vernon 1979).
The requirements of this section are satisfied if at least one of the enumerated documents accompanies the demand. See Ex parte Mason, 656 S.W.2d 470, 471 (Tex. Crim. App. 1983).
Moreover, other instruments that have substantially the same effect as those set forth in article 53.13 may satisfy the statutory requirements. See id. at 472.
In determining whether the supporting documents have substantially the same effect as those set forth in article 53.13, we may look to the laws of the demanding state. See Ex parte Mason, 656 S.W.2d at 471-72.
Only four issues may be raised by an application for writ of habeas corpus.
These issues are whether:
(1) the extradition documents on their face are in order;
(2) the petitioner has been charged with a crime in the demanding state;
(3) the petitioner is the same person named in the request for extradition;
(4) the petitioner is a fugitive. See Michigan v. Doran, 439 U.S. 282, 289, 58 L. Ed. 2d 521, 99 S. Ct. 530 (1978).
A Governor's Warrant that is regular on its face establishes a prima facie case for extradition. See Ex parte Johnson, 651 S.W.2d 439, 440 (Tex. App.--Dallas 1983, no pet.).
The burden then shifts to the defendant to rebut the prima facie case, which can be done by the supporting papers introduced at the hearing. See Ex parte Cain, 592 S.W.2d 359, 362 (Tex. Crim. App. 1980) (op. on reh'g).