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MONTAGUE v. SMEDLEY

No. 2639.

557 P.2d 774 (1976)

Carl Edgar MONTAGUE, Appellant, v. Benjamin G. SMEDLEY, Corrections Superintendent, State Correctional Center, Anchorage, Appellee.

Supreme Court of Alaska.

December 13, 1976.

Attorney(s) appearing for the Case

Brian C. Shortell, Public Defender, Barbara J. Miracle, Asst. Public Defender, Lucy Arimond, Legal Intern, Anchorage, for appellant.

Avrum M. Gross, Atty. Gen., Juneau, Joseph D. Balfe, Dist. Atty., Ivan Lawner, Asst. Dist. Atty., Anchorage, for appellee.

Before BOOCHEVER, Chief Justice and RABINOWITZ, CONNOR, ERWIN and BURKE, Justices.

OPINION

ERWIN, Justice.

This appeal arises from a superior court order dismissing a petition for writ of habeas corpus and presents an issue of first impression in Alaska: whether a judicial determination of probable cause is a prerequisite to interstate extradition from Alaska. We hold that a judicial determination of probable cause is a necessary prerequisite to extradition and further conclude that probable cause was not established in this case either...

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