U.S.A. v. Walker

U.S.A. v. Walker

The court found the identity statements to police voluntary and admissible, the Record of the Case certification sufficient, and the eyewitness identification and supporting evidence collectively adequate under s.29(1)(a) and Ferras to demonstrate a case a reasonable jury could use to convict; therefore Walker was committed into custody to await surrender.

Citation
2006 BCSC 2074
Parties
Requesting State: United States of America; Person Sought: Vernon Maurice Walker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 September 2006
Procedural Posture
Extradition / Committal Hearing (including Voir Dire)
Outcome
Person committed to custody to await surrender to the United States
Legal Topics
Committal for Extradition, Voluntariness of Police Statements, Certification and Admissibility of Record of the Case, Eyewitness Identification Reliability, Limited Weighing of Evidence (ferras)
Source Language
English
Extradition Law Criminal Law Evidence Law Committal for Extradition Voluntariness of Police Statements Certification and Admissibility of Record of the Case Eyewitness Identification Reliability Limited Weighing of Evidence (ferras)

Case Brief

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Parties

United States of America

Requesting State

Vernon Maurice Walker

Person Sought

Procedural Posture

Extradition / Committal Hearing (including Voir Dire)

Legal Issues

  1. 1 Whether the person before the court is the person sought (identity)
  2. 2 Whether statements made to police were voluntary and admissible
  3. 3 Whether the record of the case was properly certified and admissible

Ratio Decidendi

The court found the identity statements to police voluntary and admissible, the Record of the Case certification sufficient, and the eyewitness identification and supporting evidence collectively adequate under s.29(1)(a) and Ferras to demonstrate a case a reasonable jury could use to convict; therefore Walker was committed into custody to await surrender.

Court Disposition

Person committed to custody to await surrender to the United States

Orders

  • Order committing Vernon Maurice Walker into custody to await surrender
  • Exhibits A and B (Record of the Case and supplemental materials) admitted as exhibits