United States Second Circuit

District court grant of writ of habeas corpus to fugitive charged with murder in Greece and certified in the United States as extraditable is vacated, and denial of the government's motion to reconsider is reversed, where the district court erred in: 1) imposing the burden of proof on the government in the habeas proceeding; 2) concluding that the extradition treaty’s requirement of a duly authenticated warrant was not satisfied by the arrest warrant provided by the Greek authorities; and 3) concluding that the Greek statute of limitations had expired.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

• Jose A. Cabranes

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard B. Lind, Harris Fischman