9 Mar 2007
MULLER V UNITED STATES OF AMERICA HC AK CIV 2006-404-007667
- Citation
- openlaw-75d87b7b_d6fb_4969_b32a_0163dd9f2d67.pdf
- Court
- High Court
The habeas corpus application was dismissed because it was out of time under s71 and the appellant remained lawfully detained under a valid warrant; on the merits the District Court's factual finding that the extradition request and supporting documents were received through diplomatic channels and forwarded within 45 days satisfied Article XI and s18 is procedural and does not override the Treaty's requirement, with devolution of ministerial functions (Carltona) applying and s11(2)(d) reinforcing that Treaty language governs.