New Mexico ex rel. Ortiz v. Reed, 524 U.S. 151, 3 (1998) (per curiam)

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Cite as: 524 U. S. 151 (1998)

Per Curiam

that respondent fled Ohio because of fear that his parole would be revoked without due process, and that he would be thereafter returned to prison where he faced the threat of bodily injury. This "duress" negated his status as a fugitive under Article IV.

These are serious charges, unrebutted by any evidence at the hearing in the state trial court. It may be noted, however, that the State of Ohio was not a party at that hearing, and the State of New Mexico, which was defending the Governor's action, is at a considerable disadvantage in producing testimony, even in affidavit form, of occurrences in the State of Ohio. Very likely Ohio was aware of our statement in Sweeney v. Woodall, 344 U. S. 86, 89-90 (1952), that the "scheme of interstate rendition, as set forth in both the Constitution and the statutes which Congress has enacted to implement the Constitution, . . . do[es] not contemplate an appearance by [the demanding State] in respondent's asylum to defend against the claimed abuses of its prison system" (footnotes omitted).

We accept, of course, the determination of the Supreme Court of New Mexico that respondent's testimony was credible, but this is simply not the kind of issue that may be tried in the asylum State. In case after case we have held that claims relating to what actually happened in the demanding State, the law of the demanding State, and what may be expected to happen in the demanding State when the fugitive returns are issues that must be tried in the courts of that State, and not in those of the asylum State. Drew v. Thaw, 235 U. S. 432 (1914); Sweeney v. Woodall, supra; Michigan v. Doran, supra; Pacileo v. Walker, 449 U. S. 86 (1980) (per curiam). As we said in Pacileo:

"Once the Governor of California issued the warrant for arrest and rendition in response to the request of the Governor of Arkansas, claims as to constitutional defects in the Arkansas penal system should be heard in the courts of Arkansas, not those of California. ' To allow

153

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