Spain v. Stewart

OAKS, Justice:

In this appeal from the dismissal of a petition for habeas corpus, we affirm the district court in its conclusion that the case had become moot.

Petitioner was arrested at 9:00 p. m. on November 10, 1980, for possession of a controlled substance. He was not brought promptly before a magistrate because of a mix-up about which magistrate should conduct his preliminary examination and because of the delaying effect of a probation officer’s telephone request that petitioner be held by the sheriff.

On November 13, 1980, while the respondent sheriff was holding petitioner in the Uintah…