Commonwealth v. Livengood

OPINION BY BOWES, J.:

¶ 1 Kevin Livengood appeals from the August 29, 2005 order denying his habeas corpus petition, which challenged the validity of an extradition warrant ordering his surrender to the state of West Virginia. Upon review, we are constrained to vacate the order and discharge Appellant.

¶2 In 1981, Appellant allegedly began harassing Rhonda Blizzard by following her, telephoning her, making death threats against Ms. Blizzard and her unborn child, and harassing Ms. Blizzard’s co-workers. The harassment purportedly continued until 1985, when Appellant signed a legal document in…