No. 19-8000

James Robert Peterson v. United States

Lower Court: Fourth Circuit
Docketed: 2020-03-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: courts-of-appeals-split criminal-procedure detainer-act federal-state-courts interstate-agreement interstate-agreement-on-detainers-act motion-tolling speedy-trial-act time-to-trial tolling
Key Terms:
JusticiabilityDoctri Jurisdiction
Latest Conference: 2020-06-18
Related Cases: 19-1037 (Vide)
Question Presented (AI Summary)

Does a pending motion automatically toll the IADA's time-to-trial clock?

Question Presented (OCR Extract)

QUESTION PRESENTED The Interstate Agreement on Detainers Act (“JADA”), P.L. 91-538 (Dec. 9, 1970), amended by Anti-Drug Abuse Act of 1988, P.L. 100-690, Title VII, § 7059, 102 Stat. 4403 (Nov. 18, 1988), available at 18 U.S.C. Appx. 2—a compact adopted by the federal government, 48 states, and the District of Columbia— imposes certain procedural responsibilities on jurisdictions that prosecute a prisoner of another signatory. Among other things: [T]rial shall be commenced within one hundred and twenty days of the arrival of the prisoner in the receiving State, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. IADA, 18 U.S.C. App. 2, § 2, art. [V(c). But that period is “tolled whenever and for as long as the prisoner is unable to stand trial.” IADA, § 2, art. VI(a). The “courts of appeals are divided” over whether pretrial motions toll the IADA’s time-to-trial clock. United States v. Whitning, 28 F.3d 1296 (1st Cir. 1994) (collecting cases). Some circuits say yes, to harmonize the IADA with the later-enacted Speedy Trial Act of 1974 (“STA”), 18 U.S.C. §§ 3161-74. Several state courts agree—even though the federal STA does not even apply to them. By contrast, two circuits, and several other state courts, hold the opposite. To resolve that split, the question presented here is the following: 1. Does a pending motion automatically toll the IADA’s time-to-trial clock, to the same extent as under the STA? i

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-28
Reply of petitioner James Robert Peterson filed. (Distributed)
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020.
2020-04-10
Motion to extend the time to file a response from April 15, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

James Robert Peterson
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent