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REED v. STATE EX REL. ORTIZ

No. 22749.

947 P.2d 86 (1997)

124 N.M. 129

1997-NMSC-055

Timothy REED, Petitioner-Appellee, v. STATE of New Mexico, ex rel., Manuel ORTIZ, Director, Taos County Adult Detention Center, Respondent-Appellant.

Supreme Court of New Mexico.

September 9, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Anthony Tupler, Assistant Attorney General, Santa Fe, for Appellant.

T. Glenn Ellington, Chief Public Defender, Sue Anne Herrmann, Assistant Public Defender, Santa Fe, for Appellee.

Peter Cubra, Richard D. Weiner, Jama Fisk, Albuquerque, for Amicus Curiae New Mexico Chapter of the National Lawyer's Guild.

OPINION

FRANCHINI, Chief Justice.

1 Timothy Reed filed a petition for writ of habeas corpus to challenge his extradition from New Mexico to Ohio. The district court granted his writ on the grounds that the extradition documents were not in order and Reed was not a fugitive from justice. This case is distinguished from other extradition cases by a unique fact pattern that is supported by compelling evidence. We conclude that the extradition documents are...

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