The Burger Court Opinion Writing Database

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1 The Burger Court Opinion Writing Database Michigan v. Doran 439 U.S. 282 (1978) Paul J. Wahlbeck, George Washington University Jaes F. Spriggs, II, Washington University in St. Louis Forrest Maltan, George Washington University

2 To: Mr. Justice Brennan Mr. Justice Stewart Mr. Justice rlite Mr. Justice Marshall Mr. Justice Blackun Mr. Justice Powell Mr. Justice Rehnquist Mr. Justice Stevens Fro: The Chief Justice OCT Circulated: xi Recirculated: 1st DRAFT X3 IZI C' SUPREME COURT OF THE UNITED STATES -n 73 No State of Michigan, Petitioner,, On rit of Certiorari to the v. Supree Court of Michigan. Harold Willia Doran, r. C) - I [October, x cn MR. CHIEF JUSTICE BURGER delivered the opinion of the -n Court. I x We granted certiorari to deterine whether the courts of an E asylu State ay nullify the executive grant of extradition > on the ground that the deanding State failed to show a c cn factual basis for its charge supported by probable cause. 435 ) U. S. 967 (1978). -I 9 (1) ',74 On Deceber 18, 1975, Doran was arrested in Michigan and -17) charged with receiving and concealing stolen property. Mich. 5.? Cop. Laws (197) ; Mich. Stat. Ann Co (Supp. 1978). The charge rested on Doran's possession of a stolen truck bearing California license plates, which he had 7a -< driven fro Ariona. Michigan notified Ariona authorities of Doran's arrest and sent the a photograph of Doran taken -n on the day of his arrest. On January , an Ariona Justice of the Peace issued a warrant for Doran's arrest, XI charging hi with the theft of the described otor vehicle, Ari. Rev. Stat. Ann to (A) (Supp. ti ca ), and alternatively, with theft by ebeleent, Ari. Rev. Stat. Ann (Supp ). The arrest warrant was based upon a coplaint presented to the Justice of the Peace. While the Michigan charges were pending, Doran was

3 Atiirtutt (1.11ntrt of flit Atifett Attfto Atoliingtan, p. cc. aptg CHAMBERS OF THE CHIEF JUSTICE Noveber 1, 1978 Re: Michigan v. Doran Dear Potter: I have no proble with eeting the point raised in your Noveber 1 eo. A fresh draft with these and other inor changes will be around soon. Mr. Justice Stewart, Copies to the Conference Regards,,/rn C io -x, M k ra T1, (Li-diktit; (/;-)4-xlei rt_a_ oe/iaa=, CA ""- ira b44a47:1ca o, ANWV1jLIC ba

4 REVISIONS THROUGHOUT To: Mr. Justice Brennan II/ Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackun Mr. Justice Powell Mr. Justice Rehnquist Mr. Justioe Stevens Fro: The Chief Juetioe Circulated: 2nd DRAFT Recirculated: NOV *73 7 o SUPREME COURT OF THE UNITED STATES No M 3 N -I. - x State of Michigan, Petitioner, M On Writ of Certiorari to the - o v., Supree Court of Michigan. 4 r Willia Doran. Harold o [October, 1978] cn MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. -1 i We granted certiorari to deterine whether the courts of an g asylu state ay nullify the executive grant of extradition > on the ground that the deanding state failed to show a c factual basis for its charge supported by probable cause :, U. S. 967 (1978). -T3 (1) t c3, R On Deceber 18, 1975, Doran was arrested in Michigan and charged with receiving and concealing stolen property. Mich. 5.? Cop. Laws (197) ; Mich. Stat. Ann (Supp. 1978). The charge rested on Doran's possession of a,133 stolen truck bearing California license plates, which he had 5 driven fro Ariona. Michigan notified Ariona authorities -4. of Doran's arrest and sent the a photograph of Doran taken -n on the day of his arrest., On January 7, 1976, a sworn coplaint was filed with an Ariona Justice of the Peace, charging Doran with the theft of the described otor vehicle, Ari. Rev. Stat. Ann to , (A) (Supp. (l) ), or alternatively, with theft by ebeleent, Ari. Rev. Stat. Ann (Supp ). The Justice of the Peace issued an arrest warrant which stated that she had found "reasonable cause to believe that such offense(s) were coitted and that [Doran] coitted the..."

5 Stprtutt qoart xf tke Anita Abdo, Nitakingten, P. T. 2P4g CHAMBERS or THE CHIEF JUSTICE Noveber 6, 1978 Re: Michigan v. Doran MEMORANDUM TO THE CONFERENCE: o It will have been obvious that y preferred M a disposition of this case is to rest on the presuption of o regularity that a criinal charge in the deanding state 1-1 coplies with all applicable law -- including the Fourth..,. Aendent to the extent it has application. No warrant of x arrest in the deanding state is required under Article IV. pi r$ For e, the Fourth Aendent does not bear on a o_i criinal "charge" under Article IV. If the presuption of o regularity which each state owes to the processes of the others does not carry the day for Ariona's charge without Cri reliance on its arrest warrant, the Full Faith and Credit -1 Clause, as well as Section 2 of Article IV, is not very eaningful. c > a 7:1 An Ariona indictent (as in ost states I know of) cl, need not recite a probable cause finding but it ust be X honored under Article IV; yet it cannot be doubted that, ' i t for the purposes of extradition, the indictent alone is / 2, sufficient. Here Ariona's charge does not rest on its 'i ; 74 warrant, but rather the reverse; the arrest warrant 5- followed and in that sense "rests" on the criinal charge. -F, r cl, If four do not agree with the analysis of Draft II, I will, of course, revise to reflect the Court's view and ṃ.< rely on the arrest warrant's recital of probable cause. Regards,

6 $itptente Qloltrt of Hit 'Pita Atatto llittoltingtan, (q. apitg C HAM SCRS O r THE CHIEF JUSTICE Noveber 8, 1978 Re: No Michigan v. Doran MEMORANDUM TO THE CONFERENCE:, M With the "returns" substantially in it appears a ajority prefers not to reach the question whether, absent x, the Ariona warrant and its recital of probable cause, thei Ariona charge alone would andate extradition. In y view, the charge is sufficient and clothed with all the rril protections of Section 1 as well as Section 2 of Article 2 IV but I a content to narrow the holding. ) John had advised e before I had heard fro anyone that he preferred this disposition, so his view accords with those who expressed theselves later. Accordingly, the enclosed draft is revised to accoplish that result. cn, c")

7 CHANGES AS MARKED: To: Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Justice Justice Justice Justice Justice Justice Justice Justine Brennan Stewart White Marshall Blackun Powell Rehnquist Stevens Fro: The Chief Justice Circulated: Reciroulated: 3rd DRAFT SUPREME COURT OF THE UNITED STATES No NOV S 23 C C State of Michigan, Petitioner, v. Harold Willia Doran. On Writ of Certiorari to the Supree Court of Michigan. C) C) [October, 1978] MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to deterine whether the courts of an asylu state ay nullify the executive grant of extradition on the ground that the deanding state failed to show a factual basis for its charge supported by probable cause. 435 U. S. 967 (1978). (1) On Deceber 18, 1975, Doran was arrested in Michigan and charged with receiving and concealing stolen property. Mich. Cop. Laws (197) ; Mich. Stat. Ann (Supp. 1978). The charge rested on Doran's possession of a stolen truck bearing California license plates, which he had driven fro Ariona. Michigan notified Ariona authorities of Doran's arrest and sent the a photograph of Doran taken on the day of his arrest. On January 7, 1976, a sworn coplaint was filed with an Ariona Justice of the Peace, charging Doran with the theft of the described otor vehicle, Ari. Rev. Stat. Ann to , (A) (Supp ), or alternatively, with theft by ebeleent, Ari. Rev. Stat. Ann (Supp ). The Justice of the Peace issued an arrest warrant which stated that she had found "reasonable cause to believe that such offense(s) were coitted and that [Doran] coitted the...." CO cn C) - w r CO 7J C). C) cn cn

8 Stwrtuts (Plat of Hit Pea gratuf 2.orpg CHAMBERS OF THE CHIEF JUSTICE Noveber 13, 1978 Re: Michigan v. Doran Dear Thurgood: Re your eo of Noveber 9, it sees to e the opinion reflects literally what Article IV, Section 2 and the relevant statutes provide. The states could, of course, consent to holding hearings, but as of now nothing in the Constitution or any statute calls for a hearing. No one challenges the absence of a hearing by the Governor in this case. Regards, I C Of r- 4 r-1 -I ', Mr. Justice Marshall,o, -11 Copies to the Conference -4< arn.?

9 Airprtitts Q;intrt of flit Prittb Otates Audrington,. ipkg CHAMBERS 1, THE CHIEF JUSTICE Noveber 14, 1978 Re: Michigan v. Doran MEMORANDUM TO THE CONFERENCE: Enclosed is the final draft of the above. Only stylistic changes differ fro the preceding draft, and they are inor. No response is requested. This draft eets all the points raised by the concurring opinion. Regards, of o a x

10 STYLISTIC CHANGES AS MARKED: p? 4, (4,1 4th DRAFT To: Mr. Justice Brennan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackun Mr. Justice Powell Mr. Justice Rehnquist Mr. Justice Stevens Fro: The Chief Justice Circulated: Recirculated: NOV 14 W8 -a SUPREME COURT OF THE UNITED STATES State of Michigan, Petitioner, Harold Willia Doran. No [October, 1978] On Writ of Certiorari to the Supree Court of Michigan. MR. CHIEF JUSTICE BURGER delivered the opinion of the cn Court. -n We granted certiorari to deterine whether the courts of an asylu state ay nullify the executive grant of extradition on the ground that the deanding state failed to show a factual basis for its charge supported by probable cause. 435 Cn U. S. 967 (1978). (1) c On Deceber 18, 1975, Doran was arrested in Michigan and charged with receiving and concealing stolen property. Mich. 5 Cop. Laws (197) ; Mich. Stat. Ann (Supp. 1978). The charge rested on Doran's possession of a, stolen truck bearing California license plates, which he had driven fro Ariona. Michigan notified Ariona authorities of Doran's arrest and sent the a photograph of Doran taken on the day of his arrest. On January 7, 1976, a sworn coplaint was filed with an Ariona Justice of the Peace, charging Doran with the theft of the described otor vehicle, Ari. Rev. Stat. Ann to , (A) (Supp. cn ), or alternatively, with theft by ebeleent, Ari. Rev. Stat. Ann (Supp ). The. Justice of the Peace issued an arrest warrant which stated thatshe had found "reasonable cause to believe that such offense(s), were coitted and that [Doran] coitted the...." -n 3

11 Supree Court of the United States Meorandu 7 24).-tr 72 19

12 pree Court of the United States Meorandu,19 73)..e ita.) c7.

13 *erne Court of the United States Meorandu 19,

14 Reproduced fro the Collections of the Manuscript Division, Library of Congress r \

15 Reproduced fro the Collections of the Manuscript Division, Library of Congress Th`

16 Altirrtute Oland a flit Atiteb,Strdeo?soking:ta?a. Q. 2xiA4g CHAMBERS OF JUSTICE W. J. BRENNAN, JR. Noveber 7, 1978 RE: No Michigan v. Doran Dear Harry: en i 3 Please join e. Mr. Justice Blackun cc: The Conference Sincerely, ', r., C) -Tr '1 7174, o

17 Aan* aloud of tilt Anita Atatto Pagliittglan, P. QT. 2Pkg CHAMBERS JUSTICE POTTER STEWART Noveber 1, 1978 Re: No , Michigan v. Doran Dear Chief, Would you be willing to consider the deletion of the textual portion of footnote 5 on page 3, and all of footnote 7 on page 7? The proble I have with the text of footnote 5 is that, as far as appears, no Michigan court held that there was probable cause for the petitioners arrest on the Michigan offense; it ight erely have been the decision of an executive officer. Moreover, as indicated on page 4, the Michigan Supree Court tells us that' Michigan arrests are often ade without a preliinary showing of probable cause. My proble with footnote 7 is that it sees to be inconsistent with the text at the top of that page, which does see to set out the full extent of the power of the courts in the asylu State to review the executive action granting extradition. If these two relatively inor deletions are acceptable to you, I shall be glad to join your opinion for the Court. Sincerely yours, 3 rn r ITI ca cn. P:r --I Copies to the Conference, 1.11 rn cnn

18 uprant ajrntri of tilt Anita Obits rucking/a, el. aptg CHAMBERS OF JUSTICE POTTER STEWART Noveber 3, 1978 Re: No Michigan v. Doran 1M o 3 trn Dear Chief, Court. I a glad to join your opinion for the Sincerely yours, rn r- The Chief Justice Copies to the Conference xl 49t

19 )114Trent Qlonri of tittlitriter$12tho Afaoltincsion, P. C CHAMBERS OF JUSTICE POTTER STEWART Noveber 9, 1978 Re: N Michigan v. Doran Dear Chief, Your opinion for the Court, as recirculated yesterday, reains entirely acceptable to e. Sincerely yours, r."? I rt O The Chief Justice Copies to the Conference r 4Th"

20 ikpreint qtrurt of titt Anittt Atatto litafringtatt, xi. Qr. 2A-41 CHAMBERS Or JUSTICE BYRON R. WHITE Noveber 7, 1978 Re: No Michigan v. Doran Dear Chief, I had hoped that the word "charged" in Article IV, Section 2 would be construed to conteplate a charge based on a finding of probable cause by a agistrate in the deanding state or at least that the Court would not decide otherwise where, as here, there was such a probable cause judgent. I thus share several of Harry's views. Sincerely yours, The Chief Justice Copies to the Conference

21 i7cirrtitt.e Qrxritrt of tire Atilth Atteirittritatt, (I. opig Noveber 9, 1978 C Re: No Michigan v. Doran p 4,7J 4E i Dear Chief, Please join e in your Noveber 8 rf - - circulation. Sincerely yours, co C) 715 co The Chief Justice

22 Apreu Qicart of tilt nitre Atatte TOttallington, p 2rrpig CHAMBERS JUSTICE THURG MARSHALL Noveber 7, 1978 Re: No Michigan v. Doran Dear Harry: Please join e. Sincerely, T.M. Mr. Justice Blackun cc: The Conference

23 Attprtutt arrntrt of tilt lanittb Atatto. Q. 2g4g CHAMBERS OF JUSTICE THURG MARSHALL Noveber 9, 1978 Re: No State of Michigan v. Doran Dear Chief: I have your latest circulation (Noveber 8). I a deeply troubled by your paragraph on page 8: "We hold that once the governor of the asylu state has acted on a requisition for extradition based on the deanding state's judicial deterination that probable cause existed, no further judicial inquiry ay be had on that issue in the asylu state." Where the governor acts in a perfunctory anner without hearing or consideration, who can protect the rights of the prisoner? No hearing was held by the governor. Even if one were held and a deterination ade, is a governor capable of passing upon the legality or constitutionality of another state's "judicial deterination"? Habeas Corpus is not yet dead. Sincerely, The Chief Justice cc: The Conference

24 SnprtInt Qrintrt of tilt Ptifeb )?rtstelf wastrington, p. 211p4 CHAeCRS Of JUSTICE THURGOOD MARS HALL Deceber 14, 1978 M Re: No State of Michigan v. Harold Willia Doran Dear Harry: I a still with you. -n o' ' rn o Sincerely, -n gfa T. M. Mr. Justice Blackun cc: The Conference '12 4,,

25 $stpreint strourt of titt lanitositatte unsitingtott, opul Deceber 15, 1978 Re: No Michigan v. Doran (No Marquette National Bank of Minneapolis v. First of Oaha Service Corp. (No Minnesota v. First of Oaha Service Corp. I agree with your eorandu concerning the cases to coe down on Monday. Sincerely, T.M.

26 CHAMBERS OF Jihtftans eraurt of **ter Matte VagItittaton, 2pkg JUSTICE HARRY A. BLACKMUN Noveber 6, 1978 Dear Chief: Re: No Michigan v. Doran I have soe difficulty with your recirculation of Noveber 2 and fear that I cannot join it. My difficulty centers in the fact that nowhere in the discussion P3 portion of the opinion, that is in part (3) thereof, is there a ention of I_ the Fourth Aendent and probable cause. The clear iplication of this is that there is no Fourth Aendent right to a deterination of o probable cause in either the deanding state or the asylu State prior F-7 to extradition. Your thesis, I suspect, is that any issue of probable cause ay be deterined in the deanding State after extradition has been effected. At conference, I took the position that the Fourth Aendent required a judicial deterination of probable cause before extradition. c I took the further position, however, that there was a judicial deterination of probable cause in this case, and that once the courts of CAa the asylu State find that there has been a judicial deterination of probable cause, they ay not review the factual basis for that deter- -T1 ination. _ Any such review then is to be undertaken in the courts of -; the deanding State. This position, of course, is ore reserved than the one your r- opinion takes. I realied at fhe conference that y position was less to extree -than the -one you expressed and which was joined by Potter and Bill Rehnquist, both of who now have joined your opinion. I therefore shall concur only in-the result: -I shall write a few paragraphs _setting forth y views and get the to you-without delay. Sincerely, 4-13 o cn The Chief Justice cc: The. Conference

27 To:. The 'Chief-Justice Mr. Justice Brennan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Powell Mr. Justice Rehnquist Mr. Justice Stevens Fro: Mr. Justice Blackun Circulated: NOV 6 '1978 Recirculated: 1:1]. c No Michigan v. Doran MR. JUSTICE BLACKMUN, concurring in the result. rn O I a not willing, as the Court appears to be, to ignore the presence of the Fourth Aendent in the extradition context. The -4 cn Fourth Aendent is not entioned in the discussion portion (part (3)) cn of the Court's opinion, and I therefore ust assue that the Court concludes that the Fourth Aendent is of no weight or consequence W at the point of interstate extradition. If we were concerned only with Art. IV, 2, cl. 2, of the Constitution, the so-called Extradition Clause, I perhaps could join. C, 7:4 ca the Court's opinion and be content to let the result in this case turn

28 Reproduced fro the Collections of the Manuscript Division, Library of Congress

29 Reproduced fro the Collections of the Manuscript Division, Library of Congress *V. 4 3,

30 1st DRAFT SUPREME COURT OF THE UNITED STATES No To: The Chief Justice Mr. Justice Brennan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Powell Mr. Justice R-hnquist Mr. Justice Stevens Fro: Mr. Justice Blackun Circulated: Recirculted: NOV , State of Michigan, Petitioner, On Writ of Certiorari to the v. Supree Court of Michigan.. Harold Willia Doran. [Noveber, 17$] r- MR. JUSTICE BLACKMUN, with who MIL. AISTICE BRENNAN ) joins, concurring in the result. ti I a not willing, as the Court appears to be, to ignore the presence of the Fourth Aendent in the extradition context. The Fourth Aendent is not entioned in the discussion portion (part (3)) of the Court's opinion, and I therefore ust assue that the Court concludes that the Fourth Aendent is of no weight or, consequence at the point of interstate co extradition. If we were concerned only with Art. IV, 2, el. 2, of the - Constitution, the so-called Extradition Clause, I perhaps could join the Court's opinion and be content to let the result in this case turn upon what the Court describes as the "clear and r-- explicit" language of that Clause alone. Ante, p. 4. But the W Fourth Aendent is a part of our Constitution, too.* Its language is equally "clear and explicit": -< "... and no Warrants shall issue, but upon probable clause, supported by Oath or affiration; and particularly describing the place to be searched, and the persons or things to be seied." rn The Court in Gerstein v. Pugh., 42 U. S. 13, 114 (1975), co said: "Accordingly, we hold that the Fourth Aendent re- *The Fourth Aendent is applicable to the States through the Fourteenth Aendent. Mapp v. Ohio, 367 U. S. 643 (1961). c

31 Jktprtutt Qiintrt 1kt-2a:titer Otero Viteiritotan, 33. Q. EIV4g CHAMBERS OF JUSTICE HARRY A. BLACKMUN Noveber 2, 1978 e: 77-:122 --Michigan v. Doran Dear Chief: _ I a revising y concurrence soewhat, but it is now _ evident that I shall not have it ready before Wednesday's conference. I shall get it to you as soon as possible. Since rely, q73 C) rr, cn x The Chief Justice Cc: The Conference op co t 71 7.j "T1

32 Na= (Cone/ of *Path Otatto Zinaivitittstr, 2itpkg CRAM BERS OF JUSTICE HARRY A. BLACKMUN Deceber 12, 1978 Re: No Michigan v. Doran Dear Bill and Thurgood: I a sending to the Printer a revision of y separate concurrence in this case. The revisions are largely necessitated by the changes the Chief Justice ade in his ajority opinion. I a retaining your respective joinders on y new draft, but please feel free to unhook if you cannot go along. Sincerely, 1441 Mr. Justice Brennan Mr. Justice Marshall 3

33 Deceber 13, No.; gan v. uo ran Dear Thurgood: Herewith for your inforation is a soros copy of what I have sent to the Printer. It will not be generally circulated, of course, until the print copy is received. Since rely, Mr. Justice Marshall

34 a Altprt Qjourt of Peet Atatox 169.1rinotrat, In. 2Pkg CHAMBERS OF JUSTICE HARRY A. BLACKMUN Deceber 13, 1978 Dear Bill: Re: No Michigan v. Doran Herewith for your inforation is a xerox copy of what I have sent to the Printer. It will not be generally circulated, of course, until the print copy is received. Sincerely, H. A. B. et r 2 et et 8 8 C Mr. Justice Brennan

35 No Michigan v. Doran MR. JUSTICE BLACKMUN, with who Mr. Justice Brennan and Mr. Justice Marshall join, concurring in the result. I a not willing, as the Court appears to e to be, to bypass so readily, and alost to ignore, the presence and significance of the Fourth Aendent in the extradition context. That Aendent is not entioned at all in the discussion portion (part (3)) of the Court's opinion.. I therefore ust assue that in the Court's view the Aendent is of little or no consequence in deterining what type of habeas corpus review ay be had in the asylu State. In contrast to the Court's apparent position, I feel that it is necessary to face the Fourth Aendent issue squarely in order to arrive at a principled result in this case.

36 2nd DRAFT To: The Chief Justice Mr. Justice Brinah Mr. Justice Stewart Mr. Justice Wilite Mr. Justice Marshall Mr. Justice Powell Mr. Justice Rehnquist Mr. Justice Stevens Fro: Mr. Justice Blackun Circulated. SUPEE COURT OF THE UNITED STATES No Recirculated. DEC State of Michigan, Petitioner, On Writ of Certiorari to the 3 V. Supree Court of Michigan. Harold Willia Doran. [January, 1979] r- MR. JUSTICE BLACKMUN, with who MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL join, concurring in the result. cn I a not willing, as the Court appears to e to be, to bypass so readily, and alost to ignore, the presence and -n significance of the Fourth Aendent in the extradition x context. That Aendent is not entioned at all in the discussion portion (part (3)) of the Court's opinion. I therefore ust assue that in the Court's view the Aendent is cn of little or no consequence in deterining what type of habeas corpus review ay be had in the asylu State. In contrast to the Court's apparent position, I feel that it is necessary to face the Fourth Aendent issue squarely in order to arrive at a principled result in this case.. 5 W The petition for certiorari in this case presented one, and only one, issue: "Did the Michigan Supree Court isconstrue the -n Fourth Aendent and the. Extradition clause of the United States Constitution when it held that a fugitive ay challenge a deanding state's extradition docuents cn on the basis of lack of probable cause under the Fourth Aendent, in a collateral proceeding in the asylu state's courts?" Pet. for Cert. 2.1 I 2 The question was rephrased, without. change in substance, in petitioner's brief on the erits. Brief for Petitioner 2. The respondent subitted a counterstateent of the question: "The Michigan Supree Court did not isconstrue the Fourth Aend- C1;; 1, -.

37 Supree Court of the United States Meorandu,19

38 Supree Gland of Hit Patti Ototto *asitittotott, P. QT. frpv C 14AM BERS or JUSTICE LEWIS F. POWELL,JR. Noveber 6, 1978 No Michigan v. Doran ro Dear Chief: o Your eorandu of this date reached e just as I LI' was dictating a letter to you. 171 I have thought that the Fourth Aendent requires a o ';_ deterination of probable cause by a judicial officer. If,, this is ade in the deanding state, the asylu state'ay not reexaine or challenge it. Absent such a deterination 2 by the deanding state, I would suppose that the asylu state could - and perhaps should - deterine whether there was probable cause for the "charge". My Conference notes coincide with Harry's recollection as to what he said. I expressed substantially E the sae views. I would think, however, this case could be Aisposed _of _without reaching the questions AS _.t which we ay differ,- Because a judicial officer in Ariona ade a finding of probable cause, we need-not decide -in-this case whether the Fourth Aendent requires such a finding by the deanding state, or in the absence of such a finding whether the asylu state ay or ust ake a deterination of probable cause. It is only -necessary that-we=consider the liits placed by the Extradition Clause_on review-of the deanding state's probable cause deterination by the courts oe of the asylu state. r Sincerely, F 2:1' cn The Chief Justice lfp/ss -cc: The Conference

39 Attprtutt gjourt a tilt Path otatto P. Q. Zrig4g ' CHAMBERS Or JUSTICE LEWIS F. POWELL,JR. Noveber 13, 1978 No Michigan v. Doran to ff,"r1 7J c- t Dear Chief: Please join e in your Noveber 8 circulation. ' The Chief Justice Sincerely, x rn c cn 7:1 ra J-11 -AS! c rq< qym.? Copies to the Conference LFP/lab

40 Sitprtutt qintrt of flit ItnittIt Atatto libtofiingtatt,. 214g CHAMBERS OF JUSTICE WILLIAM H. REHNQUIST Noveber 1, 1978 Re: No Michigan v. Doran Dear Chief: Please join e. The Chief Justice Copies to the Conference Sincerely, rn C) r 7 C' rn -I rn. 4, r Co 7J *e :

41 t1411.tutt QTattrt of titt Path lirtollingtort, Qq. 2r11lig Noveber 9, 1978 Dear ellief: Re: No State of Michigan v. Doran I preferred the second draft of your opinion in this case to the ost recent one, but think it is iportant to get a Court opinion so I can go along with the ost recent one. I could not join an opinion which further altered the present draft as suggested by Thurgood in his letter to you of Noveber 9th. Sincerely,,-n, J-I.. Z ; ri C) Cif 73 The Chief Justice LT) Copies to the Conference

42 Aitinnitt eitrart f tkegtutta Olcatto Atakingtint, QT. 211A4A Noveber 9, 1978 Re: Michigan v. Doran Dear Chief: Please join e. Respectfully, ),11_ The Chief Justice Copies to the Conference