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PRUETT v. BARRY

No. 84SA75.

696 P.2d 789 (1985)

Clyde Edwin PRUETT, Petitioner-Appellant, v. Bernard BARRY, Sheriff of El Paso County, Colorado, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 1, 1985.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado Springs, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Patricia A. Wallace, Eric Perryman, Asst. Attys. Gen., Denver, for respondent-appellee.

LOHR, Justice.

This is an appeal from an order of the El Paso County District Court discharging a writ of habeas corpus, thus permitting the petitioner, Clyde Pruett, Jr., to be extradited to Texas for trial on two charges of capital murder. We hold that the trial court applied an incorrect standard in determining the petitioner's mental competence for the purpose of the habeas corpus proceeding. Therefore, we reverse the district court's order and remand the case...

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