State v. Kaipio

BROWN, Judge:

¶1 The State challenges the denial of its request that Carlos Espinoza-Sañudo ("Defendant") be held without bond because his presence was secured through issuance of a writ of habeas corpus ad prosequendum ("Writ"), which granted the State temporary physical custody of Defendant to allow prosecution of his pending criminal charges. For the following reasons, we hold that the respondent commissioner erred in allowing Defendant to post a bond because releasing him from custody conflicted with the express terms of the Writ.

BACKGROUND

¶2 The State arrested Defendant and charged him…