Miller v. State

Full title: MILLER v. THE STATE

Court: Supreme Court of Georgia

Date published: Jan 24, 1980

263 S.E.2d 441 (Ga. 1980)

263 S.E.2d 441

Opinion

35844.

SUBMITTED JANUARY 18, 1980.

DECIDED JANUARY 24, 1980.

Habeas corpus; extradition. Cobb Superior Court. Before Judge Hames.

Brown Hough, Thomas J. Hough, Jr., for appellant.

Thomas J. Charron, District Attorney, Amy Hembree, Assistant District Attorney, for appellee.

UNDERCOFLER, Presiding Justice.

This habeas corpus was filed to contest an extradition on the ground that Miller was not in the demanding state (Missouri) at the time of the alleged offense. Miller's attorney has filed an Anders motion to this appeal because his defense no longer is viable after Michigan v. Doran, ___ U.S. ___ ( 99 S.C. 530, 58 L.Ed.2d 521) (1978). Smith v. Hart, 243 Ga. 59 ( 252 S.E.2d 470) (1979); Frazier v. Rutledge, 243 Ga. 39 ( 252 S.E.2d 465) (1979). We have reviewed the record on appeal and both affirm the denial of habeas relief and deny counsel's motion to withdraw.

Judgment affirmed. All the Justices concur.

UNDERCOFLER, Presiding Justice.

SUBMITTED JANUARY 18, 1980 — DECIDED JANUARY 24, 1980.