Simmons v. Leach

ROVIRA, Justice.

The petitioner, Woody Ray Simmons, appeals from the district court’s discharge of his writ of habeas corpus and the order requiring his extradition to the State of North Carolina. We affirm the district court.

Simmons was first arrested by Colorado authorities as a fugitive from justice on May 23,1979. Having been released on bail pending the issuance of the Colorado governor’s warrant, he was ordered to be discharged on June 22, 1979, because no communication from the demanding state, North Carolina, had yet been received. Such an order dismissing extradition was within the…