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195 Colo. 370

578 P.2d 655

Hill v. Miller

Supreme Court of Colorado

Decided May 15, 1978

Supreme Court of Colorado · decided 1978-05-15

Relies on Wood v. Leach

Good law ✅— No negative treatment on recordhow we know

Decided 1978-05-15

How this case has been cited

Cited by 22 later decisions — most recently July 2016

2 district · 20 state decisions

15019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MR. JUSTICE KELLEY

¶1 delivered the opinion of the Court.

¶2 This appeal concerns the sufficiency of extradition documents submitted by the State of Oklahoma to the Governor of the State of Colorado pursuant to section 16-19-104, C.R.S. 1973. At the hearing upon appellant Hill’s petition for a writ of habeas corpus, he contended that the extradition documents were insufficient because the warrant issued on October 27, 1976, did not contain a contemporaneous affidavit establishing probable cause for the issuance of that warrant. Such an affidavit was filed on August 1, 1977. The court denied the petition for writ of habeas corpus, ruling that the extradition documents viewed as a whole substantially complied with the statute. We affirm.

¶3 In Wood v. Leach, 189 Colo. 361, 540 P.2d 1084 (1975), we held that

“whether the affidavits establishing probable cause were executed before or after the charging document is immaterial, provided that the extradition documents, viewed in their entirety, establish probable cause that the person to be extradited committed the offense.” (citations omitted).

¶4 The documents in the instant case fulfilled this standard.

¶5 Accordingly, we affirm.

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