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ALLEN v. EVANS

No. 27152.

562 P.2d 752 (1977)

Gary Gene ALLEN, Petitioner-Appellant, v. Donald EVANS, Superintendent of the Colorado State Penitentiary, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

April 11, 1977.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Thomas J. Tomazin, Asst. Atty. Gen., Denver, for respondent-appellee.

GROVES, Justice.

The petitioner sought an injunction against his removal to the State of Idaho under the Interstate Agreement on Detainers. Section 24-60-501, et seq., C.R.S. 1973. The district court denied an injunction. We reverse.

In 1974 Idaho sought to extradite the petitioner for trial in Idaho for first-degree murder and other felonies. The petitioner challenged the extradition proceeding by petitioning for a writ of habeas corpus. The district...

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