Eggert v. Miller

Supreme Court of Colorado

Eggert v. Miller

595 P.2d 1050, 198 Colo. 22, 1979 Colo. LEXIS 672

CourtSupreme Court of Colorado

DecidedJune 11, 1979

DocketNo. 28178

StatusPublished

This text of 595 P.2d 1050 (Eggert v. Miller) 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.

Bluebook

Eggert v. Miller, 595 P.2d 1050, 198 Colo. 22, 1979 Colo. LEXIS 672 (Colo. 1979).

Pincite

Opinion

MR. CHIEF JUSTICE HODGES

delivered the opinion of the Court.

The petitioner-appellant was arrested in Colorado and held for extradition to Pennsylvania. He filed a petition in the trial court for a writ of habeas corpus alleging that the extradition request failed to establish probable cause that he committed the offenses with which he is charged. The trial court after hearing discharged the writ. We affirm its judgment.

In Michigan v. Doran, 439 U.S. 282, 99 S.Ct. 530, 58 L.Ed.2d 521 (1978), the United States Supreme Court held that a determination of probable cause by a neutral judicial officer of the demanding state is binding upon the courts of the asylum state. In the present case, the complaint provided by the state of Pennsylvania contains a statement by a Pennsylvania magistrate that “there is probable cause for the issuance of process.”

Accordingly, we affirm the judgment of the trial court.

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