|
|
New Mexico Ex Rel. Ortiz v. Reed, 524 U.S. 151 (1998)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New Mexico Ex Rel. Ortiz v. Reed, 524 U.S. 151 (1998)
New Mexico ex Rel. Ortiz v. Reed No. 97-1217 (1998) Decided June 8, 1998 524 U.S. 151
PETITION FOR WRIT OF CERTIORARI TO THE
SUPREME COURT OF NEW MEXICO
Syllabus
After Ohio officials told respondent they planned to revoke his parole, he fled to New Mexico. That State’s Governor issued an extradition warrant, and respondent was arrested. A New Mexico trial court granted him habeas relief on his claim that he was not a fugitive" for extradition purposes because he fled under duress, believing that Ohio authorities intended to revoke his parole without due process and to cause him physical harm if he were returned to prison. The State Supreme Court affirmed.
Held: the Extradition Clause imposes a mandatory duty on the asylum State, affording no discretion to its executive officers or courts. Once a Governor has granted extradition, a court considering release on habeas can decide only whether (a) the documents on their face are in order, (b) the petitioner has been charged with a crime in the demanding State; (c) the petitioner is the person named in the extradition request; and (d) the petitioner is a fugitive. Michigan v. Doran, 439 U.S. 282, 289. Claims relating to what actually happened in the demanding State, the law of that State, and what may be expected to happen in that State when the fugitive returns are issues to be decided by the demanding State, not the asylum State. See Pacileo v. Walker, 449 U.S. 86, 88 (per curiam).
Certiorari granted, 124 N.M. 129, 947 P.2d 86, reversed and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," New Mexico Ex Rel. Ortiz v. Reed, 524 U.S. 151 (1998) in 524 U.S. 151 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=6UV6BSGP87GMY31.
MLA: U.S. Supreme Court. "Syllabus." New Mexico Ex Rel. Ortiz v. Reed, 524 U.S. 151 (1998), in 524 U.S. 151, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6UV6BSGP87GMY31.
Harvard: U.S. Supreme Court, 'Syllabus' in New Mexico Ex Rel. Ortiz v. Reed, 524 U.S. 151 (1998). cited in 1998, 524 U.S. 151. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=6UV6BSGP87GMY31.
|