Legal Opinion

Struve v. Wilcox

Idaho Supreme Court

Decided February 3, 1978No. 12307PublishedCited by 15 opinions

1Opinion of the Court

BISTLINE, Justice.

The issue presented on this habeas corpus review is the validity ofcpetitioner’s prere*206quisition detention to await the issuance of an Idaho’s Governor’s arrest warrant on the requisition of the Governor of South Dakota. For failure to comply with the Idaho statute requiring a judicial hearing at which it must appear that petitioner is the person charged with having committed the alleged South Dakota crimes, and that he probably committed the same, we reverse the district court with instructions to order the release of the petitioner.

Petitioner was initially arrested in…

2Cases cited17 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. Brinegar v. United StatesSupreme Court of the United States · 1949
  5. Gerstein v. PughSupreme Court of the United States · 1975

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3Cited by15 opinions

  1. Lovejoy v. StateSupreme Court of Vermont · 1987
  2. ConsalviMassachusetts Supreme Judicial Court · 1978
  3. Freeman v. State, Department of CorrectionsIdaho Court of Appeals · 1988
  4. Hoots v. CravenIdaho Court of Appeals · 2008
  5. Proctor v. SkinnerIdaho Court of Appeals · 1982

10 more not listed; retrieve them via the Exa API.

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