STACK v. STATE EX REL. KAYE

No. 75-1130.

333 So.2d 509 (1976)

Edward J. STACK, Sheriff of Broward County, Florida, Appellant, v. STATE of Florida ex rel. Norman KAYE, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1976.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellant.

Emerson Allsworth of Allsworth, Doumar, Schuler, Padula & Laystrom, Fort Lauderdale, for appellee.


DOWNEY, Judge.

The central issue involved in this appeal is whether res judicata applies to a second habeas corpus proceeding arising out of a second attempt to extradite the appellee.

Appellee was originally arrested in Florida in January 1975, pursuant to a demand for extradition initiated by the State of Maine. Appellee filed a petition for writ of habeas corpus in which he attacked all the supporting documents attached to the executive warrant of rendition...

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