Rule 5-824 NMRA
Rule 5-824. Petition for writ of habeas corpus.
A. Grounds. If a person accused as a fugitive files a petition for writ of habeas
corpus, the court may consider only if:
(1)
the extradition documents on their face do not authorize the arrest or the
issuance of the governor's rendition warrant;
(2)
the person accused to be a fugitive has not been charged with a crime in
the demanding state;
(3)
the person alleged to be a fugitive is not the person demanded; or
(4)
the person alleged to be a fugitive is not a fugitive or otherwise subject to
extradition pursuant to statute.
The petition for writ of habeas corpus shall state the factual basis for the grounds
alleged.
B. Notice of hearing. If a petition is filed, the court shall set a date for hearing and
give notice of the hearing to the defendant, the state and the agent of the demanding
state.
C. Determination. The governor's warrant of extradition is prima facie evidence that
the constitutional and statutory requirements for extradition have been met. Unless the
court finds beyond a reasonable doubt that the rendition warrant is invalid for one or
more of the grounds set forth in Paragraph A of this rule, the court shall order the
accused to be delivered to the agent of the demanding state.