Tuesday, June 15, 2010

Extradtion of Warren Jeffs from Utah to Texas, by no means automatic

Will Elissa Wall repeat herself and drop charges in Utah (after a new trial)?

Brooke Adams points out this little gem:
77-30-19. Procedure if prosecution pending in this state.

"If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in his discretion, may either surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state."
If Warren compels a new trial in Utah (and I think he will), Elissa is faced with pulling out the same old saw she used in Arizona.

"I am dropping the charges so that more serious ones in Texas can be prosecuted."

Ultimately I think Warren's extradition will depend on how fast he gets his new trial, how quickly Elissa demurs and then whether or not the appeal of the raid evidence is heard in Texas.

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