Simon v. Miller

Supreme Court of Colorado

Simon v. Miller

568 P.2d 1167, 194 Colo. 27, 1977 Colo. LEXIS 609

CourtSupreme Court of Colorado

DecidedSeptember 12, 1977

DocketNo. 27501

StatusPublished

This text of 568 P.2d 1167 (Simon 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

Simon v. Miller, 568 P.2d 1167, 194 Colo. 27, 1977 Colo. LEXIS 609 (Colo. 1977).

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Opinion

MR. JUSTICE KELLEY

delivered the opinion of the Court.

This appeal concerns the sufficiency under section 16-19-104, C.R.S. 1973, of extradition documents submitted by the State of Minnesota to the Governor of the State of Colorado. At a hearing upon the appellant’s application for a writ of habeas corpus, the appellant attacked the extradition documents as fatally deficient because the documents, specifically the complaint and affidavit, did not establish probable cause as required by our decision in Pippin v. Leach, 188 Colo. 385, 534 P.2d [28]*281193 (1975). The trial judge discharged the habeas corpus petition and found that the extradition documents did establish probable cause to believe that the appellant had committed a crime in Minnesota. We agree and therefore affirm.

The judgment of the trial court is affirmed.

MR. JUSTICE LEE does not participate.

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MR. JUSTICE KELLEY

delivered the opinion of the Court.

This appeal concerns the sufficiency under section 16-19-104, C.R.S. 1973, of extradition documents submitted by the State of Minnesota to the Governor of the State of Colorado. At a hearing upon the appellant’s application for a writ of habeas corpus, the appellant attacked the extradition documents as fatally deficient because the documents, specifically the complaint and affidavit, did not establish probable cause as required by our decision in Pippin v. Leach, 188 Colo. 385, 534 P.2d [28]*281193 (1975). The trial judge discharged the habeas corpus petition and found that the extradition documents did establish probable cause to believe that the appellant had committed a crime in Minnesota. We agree and therefore affirm.

The judgment of the trial court is affirmed.

MR. JUSTICE LEE does not participate.

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Bluebook (online)

568 P.2d 1167, 194 Colo. 27, 1977 Colo. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-miller-colo-1977.

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