Pruett v. Barry

LOHR, Justice.

This is an appeal from an order of the El Paso County District Court discharging a writ of habeas corpus, thus permitting the petitioner, Clyde Pruett, Jr., to be extradited to Texas for trial on two charges of capital murder. We hold that the trial court applied an incorrect standard in determining the petitioner’s mental competence for the purpose of the habeas corpus proceeding. Therefore, we reverse the district court’s order and remand the case for further proceedings.

I

In October of 1983, the Colorado Springs Police Department received information from authorities in Texas…