Legal Opinion

Reed v. State Ex Rel. Ortiz

New Mexico Supreme Court

Decided September 9, 1997No. 22749PublishedCited by 16 opinions

1Opinion of the Court

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 in order. However, we agree with the district court that the conduct of the State of Ohio forced Reed to flee the state under duress, in fear…

2Cases cited90 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Tennessee v. GarnerSupreme Court of the United States · 1985
  5. Fay v. NoiaSupreme Court of the United States · 1963

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3Cited by16 opinions

  1. Reed v. State of New MexicoCourt of Appeals for the Tenth Circuit · 2000
  2. New Mexico Ex Rel. Ortiz v. ReedSupreme Court of the United States · 1998
  3. Guest v. BerardinelliNew Mexico Court of Appeals · 2008
  4. State v. LopezNew Mexico Supreme Court · 2013
  5. State v. RiosNew Mexico Court of Appeals · 1999

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