Madsen v. Larsen

(dissenting)-

I respectfully dissent. At the hearing on plaintiff’s motion, his counsel stated that the only issue was Mr. Madsen’s identity. Plaintiff’s counsel elaborated by stating that the governor’s warrant referred to Dennis Madsen with no middle name, no address, and no other means of identification. Plaintiff’s counsel represented that there were four or five other Dennis Mad-sens in the Salt Lake and northern Utah area. Based on the foregoing, plaintiff’s counsel urged that the papers and the warrant were insufficient on their face to support the arrest and return of Dennis Mad-sen.

Pla…