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HOPPER v. STATE EX REL. SCHIFF

No. 15053.

678 P.2d 699 (1984)

101 N.M. 71

Rod HOPPER, Petitioner-Appellee, v. STATE of New Mexico, ex rel. Steven H. SCHIFF, District Attorney, Respondent-Appellant.

Supreme Court of New Mexico.

March 28, 1984.

Attorney(s) appearing for the Case

Steven H. Schiff, Dist. Atty., Dorothy Sanchez, Steven A. Slusher, Asst. Dist. Attys., Albuquerque, Paul Bardacke, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for respondent-appellant.

Query, Fairfield, Reecer, Strotz & Stribling, Kenneth A. Hunt, Albuquerque, for petitioner-appellee.

OPINION

STOWERS, Justice.

This appeal by the State of New Mexico on behalf of the Bernalillo County District Attorney arose from a habeas corpus proceeding held in the district court of Bernalillo County. The appellee, Rod Hopper, had been served with a governor's warrant for extradition from the State of Wisconsin. The district court found that the appellee had not been charged with a crime under Wisconsin law...

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