Dorador v. Cronin
This text of 605 P.2d 53 (Dorador v. Cronin) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court.
The appellant is before this court seeking review of the trial court’s denial of her petition for writ of habeas corpus filed pursuant to Uniform Criminal Extradition Act, section 16-19-111, C.R.S. 1973 (now in 1978 Repl. Vol. 8). Two grounds for reversal of the trial court’s judgment are asserted. She alleges that dismissal in the federal court of an unlawful flight to avoid prosecution charge constituted res judicata as to the present extradition proceedings. The appellant also alleges that the Governor’s *86 warrant was insufficient in that there were improprieties in the affixing of the state seal.
The record reveals that neither of these arguments was ever presented in the trial court. It is fundamental that an appellate court will not pass upon issues which have not been presented for determination in the trial court except in the case of plain or fundamental error.
After a careful review of this record, we find no such error exists in this case. From this review, we comment also that the two grounds for reversal raised by the appellant are totally without merit.
Judgment affirmed.
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Cite This Page — Counsel Stack
605 P.2d 53, 199 Colo. 85, 1980 Colo. LEXIS 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorador-v-cronin-colo-1980.