No. 20-415

Pablo Javier Aleman v. Maryland

Lower Court: Maryland
Docketed: 2020-10-01
Status: Denied
Type: Paid
Response Waived
Tags: criminal-responsibility detainer-transfer interstate-agreement interstate-agreement-on-detainers jurisdictional-authority mental-health-adjudication not-criminally-responsible receiving-state sending-state sentencing sentencing-procedure treatment
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Under the Interstate Agreement on Detainers, does the receiving state have authority to commit a person for treatment after pleading guilty but found not criminally responsible, or must the person be returned to the sending state?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Under the Interstate Agreement on Detainers (“IAD”), MD. CODE ANN., CORR. SERVS. § 8-401 et seq., does the receiving state have the authority to commit a person for treatment after the person pleads guilty to a crime but is found to be not criminally responsible, or does Article V of the IAD, MD. CODE ANN., CORR. SERVS. § 8-407, which provides, in part, that “[t]he temporary custody referred to in this Agreement shall be only for the purpose of permitting prosecution on the charge,” require the receiving state to return the person to the sending state to complete his sentence? 2. Under the IAD, is a person who is found not criminally responsible in the receiving state “adjudged to be mentally ill” within the meaning of Article VI(b) of the IAD, MD. CODE ANN., CORR. SERVS. § 8-408(b), which provides that “[n]o provision of this Agreement, and no remedy made available by this Agreement, shall apply to any person who is adjudged to be mentally ill,” such that the IAD does not require that the person be returned to the sending state to complete his sentence? i STATEMENT OF

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-07
DISTRIBUTED for Conference of 10/30/2020.
2020-10-05
Waiver of right of respondent Maryland to respond filed.
2020-09-25
Petition for a writ of certiorari filed. (Response due November 2, 2020)

Attorneys

Maryland
Carrie J. Williams — Respondent
Carrie J. Williams — Respondent
Pablo Javier Aleman
Brian Louis ZavinState of Maryland Office of the Public Defender, Petitioner
Brian Louis ZavinState of Maryland Office of the Public Defender, Petitioner