Johnson v. Shuler

2001 NMSC 009, 130 N.M. 144
CourtNew Mexico Supreme Court
DecidedMarch 21, 2001
DocketNo. 25,780
StatusPublished
Cited by15 cases

This text of 2001 NMSC 009 (Johnson v. Shuler) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Shuler, 2001 NMSC 009, 130 N.M. 144 (N.M. 2001).

Opinion

OPINION

BACA, JUSTICE.

{1} This is a proceeding invoking our original jurisdiction in prohibition and superintending control as expressly granted to this Court by the New Mexico Constitution. See N.M. Const, art. VI, § 3 (“The supreme court shall have ... superintending control over all inferior courts; it shall also have power to issue writs of mandamus, error, prohibition, habeas corpus, certiorari, injunction and all other writs necessary or proper for the complete exercise of its jurisdiction____”). The Governor challenges the propriety of an injunction prohibiting the use of his extradition warrant in its current form issued by the Honorable Judge James L. Shuler, District Judge for the Fifth Judicial District. The Governor seeks relief from the injunction by requesting a writ of prohibition or, in the alternative, a writ of superintending control. We conclude that the district court had proper subject matter and personal jurisdiction in this case and, therefore, the Governor is not entitled to the writ of prohibition. We also hold that Judge Shuler’s construction of NMSA 1978, § 31-4-7 (1937) was erroneous and that the injunction interferes with an express power granted to the Governor. Based on this, the Governor’s petition for the writ of superintending control is granted.

{2} The underlying matter before the district court was the extradition of Michael Saiz Martinez to the State of Arizona. Arizona sought the extradition of Mr. Martinez for a violation of his probation. The Governor of the State of New Mexico, pursuant to the Uniform Criminal Extradition Act, NMSA 1978, §§ 31-4-1 to -31 (1937, as amended through 1981), issued his Extradition Warrant ordering Mr. Martinez’s extradition. Mr. Martinez was arraigned on the Governor’s Warrant in the Fifth Judicial District before Judge Shuler. At his arraignment, Mr. Martinez challenged his extradition based on an alleged technical defect in the Governor’s Extradition Warrant. Mi'. Martinez alleged that the Governor’s Warrant was technically defective because it failed to inform the arresting officer of his right to a pre-extradition hearing as provided for in NMSA 1978, § 314-10 (1937). “No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state____” Id. (emphasis added). Judge Shuler conducted two hearings on the matter. During these hearings, Judge Shuler heard allegations that an individual had been removed to the State of Texas without being afforded his rights secured by the Extradition Act and the Due Process Clause. See U.S. Const, amend. XIV, § 1.

{3} Judge Shuler agreed with Mr. Martinez’s contention and found that the Governor’s Warrant was “technically defective ... in that the warrant [did] not include in its recitals language directing law enforcement agents to present the person named in the warrant before a Court of jurisdiction to inform that person of their rights as directed by [Section 314-10].” In his ruling, Judge Shuler relied on NMSA 1978, § 314-8 (1937), which states:

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where [the accused] may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act [314-1 to 314-30 NMSA 1978], to the duly authorized agent of the demanding state.

(Emphasis added.). Judge Shuler concluded that the emphasized portion of this statute should be read in conjunction with Section 314-7, which authorizes the issuance of the Governor’s warrant. Based on this construction, Judge Shuler ruled that the Governor’s warrant is subject to the provisions of the entire Extradition Act, including the protections found in Section 314-10. Since the Governor’s warrant does not enumerate the protections found in Section 314-10, Judge Shuler concluded that the warrant was technically defective. Based on this technical defect, Judge Shuler enjoined the Governor from using his warrant as currently written in any further extradition proceedings. However, because the technical defect did not deprive Mr. Martinez of his due process rights, Judge Shuler ordered his extradition to Arizona.

{4} Believing that Judge Shuler made a clear error, the Governor now seeks a writ of prohibition or, in the alternative, a writ of superintending control seeking to have the injunction dissolved. The Governor seeks the writ of prohibition by arguing that Judge Shuler was without jurisdiction to issue the injunction because the Governor was not a party to the extradition matter and because the district court was deprived of jurisdiction once Mr. Martinez was extradited. Alternatively, the Governor seeks the writ of superintending control by arguing that New Mexico’s Extradition Act does not require the recital mandated by Judge Shuler’s injunction. To support this claim the Governor relies on Section 314-7, which states, “[t]he warrant must substantially recite the facts necessary to the validity of its issuance,” to assert that a cautionary recital is not required in the Governor’s warrant. We will address the Governor’s entitlement to the writ of prohibition and the writ of superintending control after we examine substantive extradition law.

I.

{5} The foundation for extradition law is the Extradition Clause of the United States Constitution, which states:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

U.S. Const, art. IV, § 2. The Federal Extradition Act, 18 U.S.C. § 3182 (2000), and the Uniform Criminal Extradition Act §§ 1-31, 11 U.L.A. 97 (1995), endow the Extradition Clause with additional meaning, including specific procedures with which to accomplish interstate extradition. New Mexico has adopted the Uniform Criminal Extradition Act as found in Sections 31^4-1 to -30.

{6} Extradition is intended to be “a summary and mandatory executive proceeding.” Michigan v. Doran, 439 U.S. 282, 288, 99 S.Ct. 530, 58 L.Ed.2d 521 (1978). Its purpose is “to preclude any state from becoming a sanctuary for fugitives from justice of another state.” Id. at 287, 99 S.Ct. 530. The United States Supreme Court has also recognized that “[a] prisoner transferred under the Extradition Act is explicitly granted a right to a pretransfer ‘hearing’ at which he is informed of the receiving State’s request for custody, his right to counsel, and his right to apply for a writ of habeas corpus challenging the custody request.” Cuyler v. Adams, 449 U.S. 433, 443, 101 S.Ct. 703, 66 L.Ed.2d 641 (1981). These rights are also protected in the New Mexico Uniform Criminal Extradition Act:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shook v. Wilson
New Mexico Supreme Court, 2025
New Energy Economy v. Vanzi
2012 NMSC 5 (New Mexico Supreme Court, 2012)
State v. Valerio
2012 NMCA 022 (New Mexico Court of Appeals, 2012)
NEW ENERGY ECONOMY, INC. v. Shoobridge
2010 NMSC 049 (New Mexico Supreme Court, 2010)
Albuquerque Redi-Mix, Inc. v. Scottsdale Insurance
2007 NMSC 051 (New Mexico Supreme Court, 2007)
Maes v. Audubon Indemnity Insurance Group
2007 NMSC 046 (New Mexico Supreme Court, 2007)
State v. Brothers
2002 NMCA 110 (New Mexico Court of Appeals, 2002)
West Bluff Neighborhood Ass'n v. City of Albuquerque
2002 NMCA 075 (New Mexico Court of Appeals, 2002)
Lucero v. Richardson & Richardson, Inc.
2002 NMCA 013 (New Mexico Court of Appeals, 2001)
In Re Extradition of Martinez
20 P.3d 126 (New Mexico Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
2001 NMSC 009, 130 N.M. 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-shuler-nm-2001.