Rainwater Law Group

Effective Criminal Defense

Munoz Santos v. Thomas, No. 12-56506 [July 28, 2016]

Munoz Santos v. Thomas

The en banc Court heard this appeal from the district court’s denial of habeas relief from a magistrate’s judge’s order certifying Munoz’s extradition to Mexico on charges of kidnapping. The extradition court refused to allow Munoz to present evidence “that incriminating statements made against him by his co-conspirators were obtained by torture, and therefore could not support the probable cause required to extradite,” finding that “the evidence of coercion was not admissible in the extradition hearing, because the allegations were contained in statements in which the witnesses had recanted their previous incriminating statement.” The Court reversed, holding “that evidence of coercion is explanatory, and may be considered by the extradition court, even if the evidence includes a recantation. Remanded to the district court to issue the writ of habeas corpus unless the extradition court certifies Munoz’s extraditability after proceedings consistent with this opinion.

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