Legal Opinion

State v. Sandoval

New Mexico Supreme Court

Decided December 30, 1980No. 13186PublishedCited by 6 opinions

1Opinion of the Court

OPINION

FELTER, Justice.

Plaintiff-appellant, State of New Mexico (State), appeals from an order dismissing a fugitive complaint and ordering the release from custody of defendant-appellee, John Sandoval (Sandoval), held under the Governor’s warrant for extradition. We reverse.

The issues raised on appeal are whether res judicata and absence of a speedy extradition hearing void an executive grant of extradition in a proceeding before a court sitting in the asylum state.

Sandoval was first arrested in New Mexico in November, 1976 in connection with a murder pending in California. He was released…

2Cases cited5 opinions

  1. Michigan v. DoranSupreme Court of the United States · 1978
  2. MaldonadoMassachusetts Supreme Judicial Court · 1973
  3. Bazaldua v. HanrahanNew Mexico Supreme Court · 1979
  4. Mark Brian Price v. Peter J. Pitchess, Sheriff of Los Angeles County, State of CaliforniaCourt of Appeals for the Ninth Circuit · 1977
  5. People ex rel. Cook v. GavelAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by6 opinions

  1. Denish v. JohnsonNew Mexico Supreme Court · 1996
  2. Marez v. Kerr-McGee Nuclear Corp.New Mexico Court of Appeals · 1978
  3. STATE JUDICIAL STANDARDS COM'N v. EspinosaNew Mexico Supreme Court · 2003
  4. State ex rel. New Mexico Judicial Standards Commission v. EspinosaNew Mexico Supreme Court · 2003
  5. People ex rel. Schank v. GeraceAppellate Division of the Supreme Court of the State of New York · 1997

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