From Casetext: Smarter Legal Research

Reese v. Warden

Supreme Court of Colorado. In Department
Mar 21, 1977
561 P.2d 339 (Colo. 1977)

Opinion

No. 27200

Decided March 21, 1977.

Appeal filed after hearing on writ of habeas corpus resulted in order directing that fugitive be extradited to Michigan.

Affirmed

1. HABEAS CORPUSPetition — Failure to Challenge — Sufficiency — Extradition — Writ — Discharged. Where the issues before trial court, as defined by the petition for the writ of habeas corpus, did not properly challenge the sufficiency of the demand for extradition or the sufficiency of the documents supporting extradition, held, under these circumstances, the writ was properly discharged.

2. EXTRADITIONGovernor's Warrant — Served — Illegality of Arrest — Issues — Moot. Once a valid governor's warrant has been issued and served, issues relating to the illegality or irregularity of the arrest or initial detention become moot.

Appeal from the District Court of Jefferson County, Honorable Ronald J. Hardesty, Judge.

R. Douglas Buckles, Robert M. Petrusak, for petitioner-appellant.

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


This appeal was filed after a hearing on a writ of habeas corpus resulted in an order directing that Kenneth Elmo Reese be extradited to Michigan. We affirm.

The Michigan extradition documents establish that Reese pled guilty to the crime of possession of LSD and was sentenced to serve one year in the county jail. He escaped from the Berrien County jail and fled to Colorado. He was arrested, waived extradition, and later secured counsel and filed a petition for habeas corpus.

[1] The petition for a writ of habeas corpus was directed at the events which culminated in the waiver of extradition. The validity of the governor's warrant and extradition documents was not challenged in the petition for habeas corpus. Moreover, counsel for the petitioner was given an opportunity to amend the petition to raise additional issues and elected not to file an amended petition. Since the issues before the trial court, as defined by the petition, did not properly challenge the sufficiency of the demand for extradition or the sufficiency of the documents supporting extradition, the writ was properly discharged. Tucker v. Shoemaker, 190 Colo. 267, 546 P.2d 951 (1976).

[2] Once a valid governor's warrant has been issued and served, questions relating to the illegality or irregularity of the arrest or initial detention become moot. White v. Leach, 188 Colo. 62, 532 P.2d 740 (1975); Norrod v. Bower, 187 Colo. 421, 532 P.2d 330 (1975). In any event, a review of the extradition documents in this case establishes compliance with section 16-19-104, C.R.S. 1973.

The remaining issues raised by the petitioner are without merit.

Accordingly, we affirm.

MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE CARRIGAN concur.


Summaries of

Reese v. Warden

Supreme Court of Colorado. In Department
Mar 21, 1977
561 P.2d 339 (Colo. 1977)
Case details for

Reese v. Warden

Case Details

Full title:Kenneth Elmo Reese v. Warden and Keeper of the County Jail, Jefferson…

Court:Supreme Court of Colorado. In Department

Date published: Mar 21, 1977

Citations

561 P.2d 339 (Colo. 1977)
561 P.2d 339

Citing Cases

Whittington, Jr. v. Bray

Norrod v. Bower, 187 Colo. 421, 532 P.2d 330 (1975). [8] Moreover, the question of unlawful detention is…

Renton v. Cronin

[3] Appellant's second contention is that the district attorney's delay in perfecting the extradition papers…