The following case study presents issues related to the collateral proceedings in a criminal defense case.
Brook wanted to rob the First National Bank located in Newport Beach, Orange County, California. When Hurst found out about Brook’s plan, Hurst asked to join in too as long as no weapons were going to be used. Brook assured Hurst that no weapons would be used. During the robbery, Brook pulled out a gun and pointed it at a teller who was not cooperating in handing over the cash in the teller’s drawer. Hurst did not see Brook pull the gun on the teller. After they had left the bank and were driving away, Brook remarked to Hurst that bringing the gun was a great idea as it made the difference with the teller handing over the cash. Hurst said to Brook, “You said no guns, let me out of the car now.” Brook told Hurst that they were not going to stop anywhere until they were safely in Arizona. Brook and Hurst proceeded non-stop to Nogales, Arizona.
Upon arrival in Nogales, Arizona, Brook and Hurst divided the money from the bank and went their separate ways. Hurst left and met a friend, Solana, but told Solana nothing about the bank robbery. The next day, Brook went across the border into Mexico. Based on a tip, the officers from the Nogales Police Department arrested Hurst and Solana booking both on suspicion of bank robbery. During the interrogation, Hurst told the Nogales police that Brook had fled to Mexico. Solana advised the Nogales police that he had nothing to do with the crime, but the Nogales police have refused to release Solana. The Nogales police advised Mexican authorities who promptly located Brook and arrested him.
In a 1–2-page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions.
Note: Please answer the following based on general principles of procedure, not jurisdiction specific laws or statutes. Answer according to general law as presented in the course materials. Do not draft your answer based on California, or any other jurisdiction specific law.
What procedural steps must the Orange County prosecutor take to extradite Hurst from Arizona?
What procedural steps must the Orange County prosecutor take to extradite Brook from Mexico?
Solana files a writ of habeas corpus in the proper Arizona Court. How should the court rule? Why?
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