EVANS v. SIMONET

No. 84SA450.

699 P.2d 1337 (1985)

Danny W. EVANS, Petitioner-Appellant, v. L. John SIMONET, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, and Mose Trujillo, Warden of the Jail, City and County of Denver, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

May 20, 1985.


Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Michael D. Linge, Deputy State Public Defender, Denver, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Solicitor Gen., Peter J. Stapp, Asst. Atty. Gen., Denver, for respondents-appellees.


ERICKSON, Chief Justice.

The sole issue in this extradition appeal is whether the petitioner, Danny W. Evans, was improperly denied habeas corpus relief because the fugitive complaint upon which he was arrested was not supported by an affidavit or sworn testimony stating facts establishing probable cause to believe that he was a fugitive from another state. We affirm.

The Denver Police Department received teletype information on July 17, 1984, that a warrant...

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