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SMITH v. STATE

No. S08A1334.

667 S.E.2d 95 (2008)

SMITH v. The STATE.

Supreme Court of Georgia.

September 22, 2008.

Attorney(s) appearing for the Case

Chevene B. King Jr., Albany, for Smith.

Kenneth B. Hodges III, Dist. Atty., Gregory W. Edwards, Shelly D. Faulk, Asst. Dist. Attys., Thurbert E. Baker, Atty., Gen., for appellee.

Stephen M. Penner, Timothy R. Lewis, Tacoma, amici curiae.

THOMPSON, Justice.

Tyreek Deanthony Smith is charged with two counts of aggravated murder, robbery, and burglary in the state of Washington. Following his arrest in Georgia, an executive extradition warrant was issued. Smith filed a petition for habeas corpus. The habeas court denied the petition and Smith appeals.

Smith first alleges that the habeas court erred by not examining the probable cause determination by the Washington magistrate. However, a court...

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