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1999-2000 Preview U.S. Sup. Ct. Cas. 102 (1999-2000)
When Does a Defendant Waive His Right to a Speedy Trial under the Interstate Agreement on Detainers (98-1299)

handle is hein.journals/prvw26 and id is 106 raw text is: CRIMINAL PROCEDURE When Does a Defendant Waive His Right to a Speedy Trial Under the Interstate Agreement on Detainers? by Steve Lash PREVIEW of United States Supreme Court Cases, pages 102-104. © 1999 American Bar Association. ISSUE Does a criminal defendant's express agreement to a trial date beyond the 180-day period required by the Interstate Agreement on Detainers constitute a waiver of his right to trial within such period? FACTS On New Year's Eve 1992, Michael Hill and three accomplices robbed and shot to death Michael Weeks at a motel in Gates, New York, near Rochester. The following December, Monroe County, N.Y., prosecutors filed a detainer asking state offi- cials to release Hill from an Ohio prison, where he was incarcerated for an unrelated criminal offense, so he could be tried in New York. Hill was told of the detainer in early January 1994, and on January 10 he formally asked New York prosecu- tors and a state court that he be put on'trial within 180 days as permit- ted under the Interstate Agreement on Detainers (lAD). Pretrial motions and hearings delayed the tolling of the 180 days. Steve Lash reports on the U.S. Supreme Court for various publications; eslash@erols.com or (301) 299-4139. 102 Finally, the New York trial court on January 9, 1995, set the matter for trial on May 1, 1995, with the con- troversial consent of Hill's trial attorney, who responded, That will be fine, when a judge suggested the May date. But shortly before the trial was to begin, Hill's counsel urged the court to dismiss the indictment. Counsel argued that New York had violated the IAD by failing to bring Hill to trial within 180 days of his January 10, 1994, request for a speedy trial. Monroe County prosecutors coun- tered that Hill had waived his lAD right to have a trial within 180 days when his attorney agreed to the May trial, a starting date well beyond the 180-day limit. The lAD, a congressionally sanc- tioned interstate compact, is designed to ensure that a prisoner being held in one jurisdiction (the sending state) can get a quick reso- lution of charges pending against him in another jurisdiction (the NEW YORK v HILL DOCKET No. 98-1299 ARGUMENT DATE: NOVEMBER 2, 1999 FROM: NEW YORK COURT OF APPEALS

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