State v. Iowa District Court for Winneshiek County

LAVORATO, Justice.

In this certiorari proceeding, the issue is whether a demanding state is barred from seeking extradition where an extradition proceeding was previously dismissed because of such state’s lack of prosecution. The district court thought so and dismissed the second extradition proceeding. We disagree and sustain the writ of certiorari. We remand for further proceedings consistent with this opinion.

On July 29, 1991, the county attorney of Fillmore County, Minnesota, filed a criminal complaint against Jeffrey John Hage-man. The complaint alleged that Hageman had — in February 1991…