Ford v. Moses

OPINION

Before RABINOWITZ, C. J., CONNOR, and MATTHEWS, JJ., DIMOND, Senior Justice, and SINGLETON, Superior Court Judge. CONNOR, Justice.

This case presents a relatively narrow question concerning the extradition of fugitives who are wanted for prosecution in another jurisdiction. In the procedural context from which the case comes to us, the issue is whether a person bringing a habeas corpus action to resist an order for extradition need only allege that the state has failed to establish his identity as the person sought by the demanding state, or whether he must affirmatively plead that he…