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MILLER v. LAMM

No. 27938.

589 P.2d 1366 (1978)

Larry MILLER, a/k/a Larry D. Miller, Appellant, v. Richard D. LAMM, Governor of the State of Colorado, Daniel J. Cronin, Manager of Safety in and for the City and County of Denver, Wayne K. Patterson, Under-Sheriff in and for the City and County of Denver, State of Colorado, Appellees.

Supreme Court of Colorado, En Banc.

November 13, 1978.

Attorney(s) appearing for the Case

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Paula K. Miller, Deputy State Public Defender, Denver, for appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Anthony M. Marquez, Asst. Atty. Gen., Denver, for appellees.

KELLEY, Justice.

Appellant was arrested pursuant to a governor's warrant which charged him with being a fugitive from Kansas after he escaped from the Kansas State Penitentiary. He filed a petition for writ of habeas corpus, alleging he was not competent to proceed with the extradition-habeas corpus. A writ issued, which was discharged after a hearing.

Appellant contends the issue of competency to contest extradition...

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