Jaques v. Bray

Supreme Court of Colorado

Jaques v. Bray

645 P.2d 22, 1982 Colo. LEXIS 601

CourtSupreme Court of Colorado

DecidedMay 10, 1982

DocketNo. 81SA29

StatusPublished

This text of 645 P.2d 22 (Jaques v. Bray) 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

Jaques v. Bray, 645 P.2d 22, 1982 Colo. LEXIS 601 (Colo. 1982).

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Opinion

PER CURIAM.

This is an appeal from the trial court’s denial of a petition for writ of habeas corpus filed pursuant to the Uniform Criminal Extradition Act. Section 16-19-101 et seq., C.R.S.1973 (1978 Repl.Vol. 8). The only issue before us is whether the Colorado governor’s warrant is invalid because it was not signed by him, but by the lieutenant governor.

Section 16-19-108, C.R.S.1973 (1978 Repl. Vol. 8) provides that the governor’s warrant must be signed by the “governor.” The term governor, as defined by section 16-19-102(2), includes “any person performing the functions of Governor by authority of the law of this state.” The authority of the lieutenant governor to act on behalf of the governor is established by Article IV, Section 13(5) of the. Colorado Constitution.

It was the appellant’s burden of proof to overcome the presumption that the lieutenant governor was acting pursuant to her authority and was properly exercising the incidents of her office when she signed the governor’s warrant. Tenorio v. Cronin, 193 Colo. 295, 565 P.2d 932 (1977). See also Brown v. Sharkey, 106 R.I. 714, 263 A.2d 104 (1970); Ex parte Grooms, 468 S.W.2d 817 (Tex.Ct.App.1971). The appellant offered no evidence to overcome this presumption. We, therefore, find that the appellant’s claim that the warrant was invalid to be without merit.

The judgment is affirmed.

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PER CURIAM.

This is an appeal from the trial court’s denial of a petition for writ of habeas corpus filed pursuant to the Uniform Criminal Extradition Act. Section 16-19-101 et seq., C.R.S.1973 (1978 Repl.Vol. 8). The only issue before us is whether the Colorado governor’s warrant is invalid because it was not signed by him, but by the lieutenant governor.

Section 16-19-108, C.R.S.1973 (1978 Repl. Vol. 8) provides that the governor’s warrant must be signed by the “governor.” The term governor, as defined by section 16-19-102(2), includes “any person performing the functions of Governor by authority of the law of this state.” The authority of the lieutenant governor to act on behalf of the governor is established by Article IV, Section 13(5) of the. Colorado Constitution.

It was the appellant’s burden of proof to overcome the presumption that the lieutenant governor was acting pursuant to her authority and was properly exercising the incidents of her office when she signed the governor’s warrant. Tenorio v. Cronin, 193 Colo. 295, 565 P.2d 932 (1977). See also Brown v. Sharkey, 106 R.I. 714, 263 A.2d 104 (1970); Ex parte Grooms, 468 S.W.2d 817 (Tex.Ct.App.1971). The appellant offered no evidence to overcome this presumption. We, therefore, find that the appellant’s claim that the warrant was invalid to be without merit.

The judgment is affirmed.

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645 P.2d 22, 1982 Colo. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaques-v-bray-colo-1982.

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