Yellen v. Cooper

Summary

The Colorado Supreme Court affirmed the denial of Seth Allen Yellen’s petition for habeas corpus relief concerning Ohio’s request for temporary custody under the Interstate Agreement on Detainers. The court held that the prosecution established a prima facie case that Yellen was the person identified in the Ohio extradition documents and that the trial court properly considered evidence beyond the indictments. The court also held that any issue concerning prompt notification of the detainer had to be resolved by the receiving state.

Holdings

1. The People established a prima facie case of identity through the Colorado governor's warrant, requisition and temporary-custody documents, and other evidence identifying Yellen as the person charged in the Ohio indictments; Yellen did not rebut that showing by clear and convincing evidence.
2. The trial court properly considered all evidence before it, including documents other than the Ohio indictments, when determining whether the People established a prima facie case of identity.
3. Any issue concerning prompt notification of the filing of the detainer was for resolution by the receiving state under the detainer, not by the Colorado court in this proceeding.

Questions Presented

1. Whether the People established a prima facie case that Yellen was the fugitive named in Ohio's extradition and detainer documents.
2. Whether the habeas court could consider extradition documents and other evidence beyond the Ohio indictments in determining identity.
3. Whether the Colorado court had authority to determine whether Colorado officials satisfied the Interstate Agreement on Detainers' prompt-notification requirements.

Disposition

affirmed