MASSEY v. WILSON

No. 28360.

605 P.2d 469 (1980)

Wesley MASSEY, Petitioner, v. William WILSON, Superintendent, Colorado State Penitentiary, and John Vernetti, Sheriff, Fremont County, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

As Modified January 28, 1980.


Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Michael J. Heher, Deputy State Public Defender, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Anthony M. Marquez, Asst. Atty. Gen., Litigation Section, Denver, for respondents.


DUBOFSKY, Justice.

This is an appeal from an order by the District Court of Fremont County discharging a writ of habeas corpus. Petitioner Massey sought the writ to challenge his extradition to Nebraska as ordered by a Colorado governor's warrant dated June 21, 1977. Because we find that the Nebraska request for extradition was withdrawn and not properly reinstituted, we reverse.

Petitioner escaped from the Colorado State Penitentiary on April 25, 1977 and...

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