STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE
FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE
BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
MADELINE JASMINE, DIVISION ''A'', NUMBER 17,
composed of Judges Fredericka Homberg Wicker, Stephen J.
Windhorst, and John J. Molaison, Jr.
the State of Louisiana ("the State"), seeks review
of the trial court's dismissal of an extradition
proceeding against defendant, Eric Darnell White.
and Procedural History
November 8, 2017, St. John the Baptist Parish Sheriff's
Office was dispatched to 2916 Cambridge Drive, in Laplace, in
reference to a disturbance. While en route to this location,
deputies encountered defendant, who was stopped in the
roadway and flagged deputies down. Dispatch informed the
deputies that defendant was involved in the disturbance at
2916 Cambridge Drive. While conducting an investigation,
Deputy Jackson advised dispatch of defendant's name, date
of birth, and the last four digits of his social security
number. Dispatch performed an NCIC check and advised Deputy
Jackson that defendant was wanted on a fugitive warrant from
Florida for human trafficking of juveniles. Defendant was
advised of his rights and arrested.
November 13, 2017, defendant appeared before the trial court
for an extradition hearing. Defendant was given notice to
appear for an extradition hearing on November 15, 2017.
November 15, 2017, defendant appeared with counsel before the
trial court to address his fugitive warrant. The trial court
ordered defendant to be released on a $7, 500 bond until the
state of Florida produced the necessary extradition
January 16, 2018, the state of Florida, Office of the
Governor, sent extradition documents to the Louisiana for the
return of defendant to Florida.
February 26, 2018, defendant appeared before the trial court
on his scheduled appearance bond date to address his fugitive
warrant. The trial court reset the matter to February 28,
2018, for an extradition hearing status. On February 28,
2018, the State submitted the governor's warrant to the
trial court, defendant was remanded into custody, and
defendant's bond was revoked. Defense counsel requested a
full extradition hearing, which the trial court set for March
March 14, 2018, defense counsel stipulated that defendant was
the person identified in the extradition documents. Defense
counsel argued that defendant should be discharged because:
(1) the State did not timely move for extradition within
ninety (90) days from defendant's arrest under La.
C.Cr.P. art. 270; and (2) the affidavit submitted in the
extradition documents is insufficient as to form under La.
C.Cr.P. art. 263. The State opposed, arguing that: (1) the
extradition documents were sufficient under La. C.Cr.P. art.
263; (2) defendant does not meet the requirements for
dismissal of the extradition proceedings under La. C.Cr.P.
art. 268; (3) La. C.Cr.P. art. 267 contains the actual rights
of an accused at an extradition hearing and the ninety-day
period under La. C.Cr.P. art. 270 is not included; and (4)
under La. C.Cr.P. art. 271,  a governor's warrant is
presumed valid. Therefore, the State argued that defendant
should be released to the state of Florida. At the conclusion
of the hearing, the trial court took the matter under
March 19, 2018, the trial court rendered judgment dismissing
the extradition proceeding and ordering defendant released
from custody. The trial court stated:
Our review of the paperwork suggests that the State of
Florida was aware of the 90 day time limitation. In its
January 16, 2018 letter to the State of Louisiana, the
Florida representative indicated in bold lettering,
"90th day on or about: 2/6/2018." The
Louisiana Governor's warrant was signed on February 6,
2018. It is unclear why it took the State of Florida nearly
sixty-nine (69) days to forward the necessary paperwork -
neither was any explanation offered why the state, upon
receipt of the paperwork failed to present it until February
26, 2018. Furthermore, there is nothing in the record to
indicate that the state made any attempt to notify the Court
of its receipt of the extradition documents before February
26, 2018. In State v. Ross, the Court found that the
State of Texas failed to present the necessary paperwork in
the prescribed time. They specifically found that "the
law does not permit the state to hold indefinitely over the
head of any accused a threat of extradition, whether or not
he is imprisoned, or out on bail." The Court notes that
there is very little jurisprudence in this area, and no
subsequent case law has held otherwise. Therefore, this Court
finds that the extradition proceedings are untimely and must
be dismissed and defendant released. (Footnotes and citations
3, 2018, the State filed this writ application contending
that the trial court abused its discretion and/or prejudiced
the State by its dismissal of the ...