Johnson v. State
Johnson, held in Florida on a Mississippi fugitive warrant after waiving extradition rights and voluntarily agreeing to return, sought habeas relief claiming sections 941.15 and 941.17 impose a 90-day cap on his detention. The Third DCA denied the petition, holding that his signed extradition waiver under section 941.26 waived the statutory habeas protections, and that even absent the waiver, the 90-day limit does not run while the fugitive faces separate pending local charges.
Key facts
- Johnson was held in Florida on a Mississippi fugitive warrant after he signed a waiver of extradition rights and voluntarily agreed to return to Mississippi.
- Johnson sought habeas relief in the trial court, arguing that Florida statutes sections 941.15 and 941.17 imposed a 90-day cap on his detention.
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Why it matters
This opinion addresses an apparent issue of first impression in Florida on how the extradition-detention time limits in sections 941.15 and 941.17 interact with a fugitive's waiver of extradition rights and with pending… — full analysis with a trial
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