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STATE EX REL. HOLMES v. KLEVENHAGEN

No. 71242.

819 S.W.2d 539 (1991)

STATE of Texas ex rel. John B. HOLMES, Jr., Relator v. Johnny KLEVENHAGEN and the Honorable Joe Kegans, Respondents.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Dismissed December 4, 1991.

Attorney(s) appearing for the Case

John B. Holmes, Jr. and William J. Delmore, III, Asst. Dist. Atty., Houston, for relator.

Ray Speece, Houston, for respondents.

John B. Tarleton, Houston, for real party in interest.

Robert Huttash, State's Atty., Austin, for the respondent.

Before the court en banc.

OPINION

MILLER, Judge.

This is an application for a writ of mandamus and a writ of prohibition. This action is brought by the district attorney of Harris County pursuant to the provisions of the extradition clause of the United States Constitution (Art. IV, § 2, cl. 2), the federal statute requiring interstate extradition of fugitives on demand (18 U.S.C. § 3182), and the Uniform Criminal Extradition Act (codified as Art. 51.13, V.A.C.C.P.). Relator...

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