Montague v. Smedley

OPINION

ERWIN, Justice.

This appeal arises from a superior court order dismissing a petition for writ of ha-beas corpus and presents an issue of first impression in Alaska: whether a judicial determination of probable cause is a prerequisite to interstate extradition from Alaska. We hold that a judicial determination of probable cause is a necessary prerequisite to extradition and further conclude that probable cause was not established in this case either in the demanding state or in the papers which were submitted under the requirements of federal law to Alaska. We therefore hold that the…