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Article • March 1, 2004 • from P&J March, 2004
U.S. v. Kelley, No. 02-10286-MLWC (D.Mass.) (300 F.Supp.2d 224) (March 7, 2003) (Judge Mark L. Wolf) by This case is noted both as a rare example of a dismissal (albeit without prejudice) of a Federal prosecution for a violation of the anti-shuttling provisions of the complex Interstate Compact on Detainers …
Article • May 5, 2003
Fex v. Michigan, No. 91-7873 (U.S. Supreme Court) (507 U.S. 43; 113 S.Ct. 1085) (February 23, 1993) (Justice Scalia) by Five years after the Supreme Court established the prison mailbox rule in Houston v. Lack, 487 U.S. 266 (1988), it returned to that rule in the instant case. Here, the …
Article • April 30, 2003 • from P&J May, 2001
Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer) by In this case the Supreme Court held that the Interstate Agreement on Detainers (IAD) does not allow courts to overlook brief violations of it provisions that forbid a participating state …
Article • January 13, 2000
New York v. Hill, No. 98-1299 (U.S. Supreme Court) (528 U.S. 110; 120 S.Ct. 659) (January 11, 2000) (Justice Scalia) by In this case the Court held that defense counsel waived his client's right under the Interstate Agreement on Detainers Act to disposition of pending charges within 180 days by …
Article • January 1, 2000 • from P&J January, 2000
U.S. v. Johnson, No. 99-30045 (9th Cir.) (196 F.3d 1000) (October 28, 1999) (Judge William A. Fletcher) by Here the Court held that a demand for a speedy trial on a Federal charge underlying a detainer starts the 180 day speedy trial provisions of the IAD when it was delivered …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Zfaty, No. 98 CR 1367(BDP) (S.D.N.Y.) (44 F.Supp.2d 588) (April 15, 1999) (Judge Barrington D. Jr. Parker) by In this case the court found that the defendant was never informed of his rights under the IAD; and it noted that the Government's "failure either to inform Zfaty of …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Pena-Corea, No. 98-2486 (11th Cir.) (165 F.3d 819) (January 20, 1999) (Per Curiam) by Here the Court held: "The question here is whether the Government should be held responsible for the state custodian's failure to serve Pena with the federal detainer and to advise him of his right …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Dent, No. 97-1666 (3rd Cir.) (149 F.3d 180) (July 6, 1998) (Judge Richard L. Nygaard) by Case held that a defendant generally must strictly comply with provisions of Article III of IAD, and therefore a letter sent by inmate requesting a speedy resolution of his outstanding Federal charges …
Article • June 1, 1998 • from P&J June, 1998
Lara v. Johnson, No. 97-10034 (5th Cir.) (141 F.3d 239) (May 26, 1998) (Judge Reynaldo G. Garza) by The Court wrote: "The IAD has been adopted by most states (including Texas), and is a congressionally mandated compact, so its interpretation is a question of federal law. Cuyler v. Adams, 449 …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Paredes-Batista, No. 97-1110 (2nd Cir.) (140 F.3d 367) (March 18, 1998) (Judge Jose A. Cabranes) by Case held that IAD's 180-day speedy trial period was not violated, even though the Government's procedures for processing speedy trial requests was "disturbing.".
Article • August 1, 1996 • from P&J August, 1996
Cross v. Cunningham, No. 95-2272 (1st Cir.) (87 F.3d 586) (June 27, 1996) (Judge Michael Boudin) by The petitioner in this case sought a writ of habeas corpus on the grounds that New Hampshire had violated the anti-shuttling provisions of the Interstate Agreement on Detainers Act. The lower court dismissed …