BROWN v. WAYNE COUNTY SHERIFF

Docket Nos. 61875, 62006. (Calendar Nos. 12, 13).

415 Mich. 658 (1982)

330 N.W.2d 335

BROWN v. WAYNE COUNTY SHERIFF PEOPLE v. BLOUNT

Supreme Court of Michigan.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Anne B. Wetherholt, Assistant Prosecuting Attorney, for the people.

Ashford, Cannon, Lumumba & Shakoor (by Chokwe Lumumba) for plaintiff Brown.

Maxwell & Sniderman (by Brenda J. Maxwell) for defendant Blount.


LEVIN, J.

The dispositive issue in these cases is whether a state court in the asylum state, faced with extradition papers proper on their face and a governor's warrant for extradition of an escapee from the demanding state's penal system, may inquire into the constitutionality of prison conditions in the demanding state in passing upon the fugitive's habeas corpus petition. We are obliged by a decision of the United States...

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