Storms v. Lambert

4 Citing cases

  1. State ex rel Eggleston v. Hatrak

    636 P.2d 1017 (Or. Ct. App. 1981)   Cited 1 times

    The Oregon Supreme Court has held that the only question in habeas corpus in this context is the validity of the arrest on the governor's warrant. Storms v. Lambert, 224 Or. 189, 191, 355 P.2d 766 (1960). Plaintiff argues that the arrest was invalid in the following respect: where the detention is unbroken from the time of the arrest on the fugitive complaint to production of the governor's warrant, the state is not entitled to arrest an accused on one crime and then, after the request for a governor's warrant, to arrest the accused on another crime.

  2. Roscoe v. Warden

    328 A.2d 64 (Md. Ct. Spec. App. 1974)   Cited 3 times

    See also: Matter of Easton, 214 Md. 176, 133 A.2d 441 (jury trial in lunacy proceedings not constitutionally mandated). Two extradition cases in other jurisdictions, precisely on point, are Storms v. Lambert, Sheriff, 355 P.2d 766 (S.Ct. Ore. 1960); and Ex Parte Graves, 128 N.E. 867 (S. Jud. Ct. Mass. 1920). In Graves, supra, it was said at 871:

  3. King v. Mitchell

    513 P.2d 519 (Or. Ct. App. 1973)   Cited 1 times
    In King v. Mitchell, 14 Or. App. 382, 383, n 1, 513 P.2d 519 (1973), we noted that dismissal of a fugitive warrant does not bar a subsequent arrest on the governor's warrant.

    " In Storms v. Lambert, 224 Or. 189, 191, 355 P.2d 766 (1960), the court said, with reference to ORS 147.100: "* * * The only issue decided by the court in a proceeding governed by the above statute is limited to the validity of the prisoner's arrest * * *."

  4. Stewart v. State of Oregon

    3 Or. App. 620 (Or. Ct. App. 1971)   Cited 2 times

    Petitioner concedes he is the same person designated in the warrant. As pointed out by petitioner in his brief, the Oregon Supreme Court, in Storms v. Lambert, 224 Or. 189, 355 P.2d 766 (1960), held that the only issue to be decided in an extradition proceeding is the validity of the prisoner's arrest. The court reiterated that it would not look behind the warrant or inquire into the guilt or innocence of the fugitive.