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STATE EX REL. SCHIFF v. BRENNAN

No. 14882.

662 P.2d 642 (1983)

STATE of New Mexico, ex rel. Steven H. SCHIFF, District Attorney, Petitioner, v. Honorable W. John BRENNAN, District Judge, Respondent.

Supreme Court of New Mexico.

April 28, 1983.

Attorney(s) appearing for the Case

Paul G. Bardacke, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Sante Fe, Steven H. Schiff, Dist. Atty., Dorothy Sanchez, Stephen A. Slusher, Asst. Dist. Attys., Albuquerque, for petitioner.

Kenneth A. Hunt, Albuquerque, for respondent & real party in interest.

OPINION

RIORDAN, Justice.

The State seeks a writ of prohibition or superintending control to review the district court's granting of bail to Rod Hopper (Hopper) after he had been arrested on a governor's extradition warrant. We find that bail should not have been granted.

The issue on appeal is whether Hopper is entitled to bail after a governor's extradition warrant has been served.

The facts set forth in the writ of prohibition are as follows...

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