From Casetext: Smarter Legal Research

Jordan v. Cronin

Supreme Court of Colorado. En Banc
Sep 27, 1976
554 P.2d 1099 (Colo. 1976)

Opinion

No. 27108

Decided September 27, 1976.

Extradition case. Appeal by petitioner from an order of the district court discharging a writ of habeas corpus.

Affirmed

1. EXTRADITIONRequisition Papers — Charges — Arrest Warrants — Affidavit — Sufficient. Requisition papers which included two complaints charging felony theft and aggravated failure to appear, arrest warrants which were found by a Kansas judge to have been based upon probable cause, and an affidavit by the county attorney specifying factual predicate of the charges were sufficient to support extradition to Kansas.

2. Theft Charge — Sufficient — Consider — Challenge — Failure to Appear — Not Required. In view of fact that uncontested theft charge was sufficient to support extradition, court was not required to consider petitioner's challenge to the charge of aggravated failure to appear for which extradition was also sought.

Appeal from the District Court of the City and County of Denver, Honorable Leonard P. Plank, Judge.

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy, Mary G. Allen, Deputy, for petitioner-appellant.

J. D. MacFarlane, Attorney General, Jean E. Dubofsky, Deputy, Edward G. Donovan, Solicitor General, Thomas J. Tomazin, Assistant, for respondents-appellees.


Petitioner is contesting his extradition to Kansas; this appeal is from an order by the district court discharging a writ of habeas corpus. Upon review of the record and all contentions advanced by the petitioner we conclude that the district court's ruling is supported by the facts.

[1] On August 12, 1975, petitioner was arrested in Colorado on a fugitive warrant issued on charges pending against him in Kansas. Kansas submitted requisition papers which included two complaints charging felony theft and aggravated failure to appear. In the arrest warrants accompanying the papers, the complaints were found by a Kansas judge to have been based upon probable cause. An affidavit by the county attorney specifying the factual predicate of the charges also accompanied the complaint.

[2] In Pippin v. Leach, 188 Colo. 385, 534 P.2d 1193 (1975), this court announced standards for the determination of probable cause in foreign state extradition papers. Upon the facts in this case we find no violation of those standards. We need not consider the petitioner's challenge to the charge of aggravated failure to appear since the uncontested theft charge is sufficient to support extradition. The petitioner's other allegations of error are likewise without merit.

We affirm.


Summaries of

Jordan v. Cronin

Supreme Court of Colorado. En Banc
Sep 27, 1976
554 P.2d 1099 (Colo. 1976)
Case details for

Jordan v. Cronin

Case Details

Full title:Anthony Paul Jordan v. Dan Cronin, Manager of Safety, City and County of…

Court:Supreme Court of Colorado. En Banc

Date published: Sep 27, 1976

Citations

554 P.2d 1099 (Colo. 1976)
191 Colo. 550

Citing Cases

Sollinger v. McNeel, JR

The district court concluded that the documents which accompanied the demand for extradition for failure to…

Lopez v. Cronin

The trial court in the instant case held that the judge in California had found probable cause. If this…