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196 Colo. 418

586 P.2d 226

Gordon v. Cronin

Supreme Court of Colorado

Decided October 30, 1978

Supreme Court of Colorado · decided 1978-10-30

Key passage — most relied on by later courts

“[n]o showing of probable cause is necessary for the extradition of a defendant who has been convicted and sentenced”

quoted by 2 later decisions, including Michaels v. Caldwell, 197 Wis. 2d 875 - State Ex Rel. Lykins v. Steinhorst

“"It is uniformly recognized that a crime that has resulted in conviction remains a charge under the constitution so long as the ■ sentence resulting from conviction is unsatisfied_Consequently, a parolee is subject to extradition as a fugitive because, as a convict with an unexpired sentence, he remains criminally 'charged.' His extradition is for his original offense.””

quoted by 1 later decision, including 197 Wis. 2d 875 - State Ex Rel. Lykins v. Steinhorst

Relies on Wynsma v. Leach

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-30

How this case has been cited

Cited by 11 later decisions — most recently October 1995

11 state decisions

60197819801990decided

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.

View the full empirical analysis of this case →

MR. JUSTICE KELLEY

¶1 delivered the opinion of the Court.

¶2*419 The State of Missouri seeks to extradite the appellant. The Missouri governor’s request alleges,

“It appears by the annexed documents, which I hereby certify to be authentic, and duly authenticated according to the laws of this State, that Roger Gordon stands convicted of the crime of robbery first by means of dangerous and deadly weapon . . . and that the said fugitive was present in this State at the time of the commission of the aforementioned crime; and has violated the terms of his parole . . . .”

¶3 The annexed documents include an Order of Request alleging the appellant disobeyed the terms of his parole by failing to notify his parole officer of his place of residency or loss of employment within 48 hours, and by failing to report regularly to his parole officer.

¶4 The appellant was detained pursuant to the request. His petition for writ of habeas corpus was heard and denied by the Denver District Court. He now appeals.

¶5 Appellant challenges the sufficiency of the extradition documents because they fail to set forth the nature of the alleged parole violations. He contends that some of the underlying facts should be set forth to establish the probable cause required by the Fourth Amendment.

¶6 No showing of probable cause is necessary for the extradition of a defendnt who has been convicted and sentenced. As stated recently by this court in Wynsma v. Leach, 189 Colo. 59, 536 P.2d 817 (1975):

“It is uniformly recognized that a crime that has resulted in conviction remains a charge under the constitution so long as the sentence resulting from conviction is unsatisfied. . . . Consequently, a parolee is subject to extradition as a fugitive because, as a convict with an unexpired sentence, he remains criminally ’charged.’ His extradition is for original offense.”

¶7 The challenge to the sufficiency of the documents is without merit.

¶8 The judgment is affirmed.

¶9 MR. JUSTICE ERICKSON and MR. JUSTICE PRINGLE do not participate.

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