STATE v. DISTRICT COURT FOR WINNESHIEK CTY.

No. 92-541.

500 N.W.2d 51 (1993)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR WINNESHIEK COUNTY, Defendant.

Supreme Court of Iowa.

May 19, 1993.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Thomas S. Tauber, Asst. Atty. Gen., and Karl Knudson, County Atty., for plaintiff.

Andrew P. Nelson of Meyer, Lorentzen & Nelson, Decorah, for defendant.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.


LAVORATO, Justice.

In this certiorari proceeding, the issue is whether a demanding state is barred from seeking extradition where an extradition proceeding was previously dismissed because of such state's lack of prosecution. The district court thought so and dismissed the second extradition proceeding. We disagree and sustain the writ of certiorari. We remand for further proceedings consistent with this opinion.

On July 29, 1991, the county attorney of Fillmore...

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