Legal Opinion

Atkins v. State ex rel. Eyman

Court of Appeals of Arizona

Decided September 28, 1971No. 2 CA-CIV 1006PublishedCited by 2 opinions

1Opinion of the Court

KRUCKER, Chief Judge.

This appeal is from the trial court’s dismissal, without a hearing, of a petition for a writ of habeas corpus, which attacked a detainer warrant filed with the Arizona State Prison by the State of Illinois. The ground of dismissal was that, as stated in the minute entry order, “[t]he court having been advised that the detainer mentioned in said Petition has been dropped * * No hearing was held and it appears from an examination of the record on appeal that no evidence of any kind was received by the trial court. Although mootness would appear to be a basis for dismissal…

2Cases cited7 opinions

  1. Smith v. HooeySupreme Court of the United States · 1969
  2. Dickey v. FloridaSupreme Court of the United States · 1970
  3. United States ex rel. Tucker v. DonovanCourt of Appeals for the Second Circuit · 1963
  4. City of Tucson v. MorganCourt of Appeals of Arizona · 1970
  5. Richard L. Hunt v. Frank A. Eyman, WardenCourt of Appeals for the Ninth Circuit · 1969

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3Cited by2 opinions

  1. Seymour v. StateCourt of Appeals of Arizona · 1973
  2. Howard v. StateCourt of Appeals of Arizona · 1972

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