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17. Extradition/detainers

State v. Rafael D. Newson, 2018AP551, 9/18/18, District 1 (not recommended for publication); case activity (including briefs) Newson claims that his trial and postconviction lawyers were ineffective for failing to raise lack of jurisdiction caused by the State’s failure to file its complaint against him before he was extradited to Arizona. He also argued that the… Read More

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State v. James Charleston, 2016AP2116-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Charleston was in custody in Illinois and had pending Wisconsin charges. Twice he submitted to his Illinois jailers properly prepared requests for final disposition of those charges under the Interstate Agreement on Detainers. The first request, in 2014… Read More

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State v. Ervin Thomas, 2013 WI App 78; case activity The trial court properly calculated the 180-day speedy trial time limit from the prosecutor’s actual receipt of Thomas’s demand for disposition, and not from the receipt of the demand three days earlier by the county courthouse’s “Information Management Services Distribution” [sic] office. Under § 976.05(3)(a) and State v… Read More

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Interstate Agreement on Detainers

State v. Jerome Mark Panick, Jr., 2011AP1107-CR, District 3, 1/4/12 court of appeals decision (1-judge, not for publication); for Panick: Paul G. LaZotte, SPD, Madison Appellate; case activity The court rejects Panick’s argument that he “substantially complied” with IAD requirements for demanding a speedy trial on a detainer as set forth in § 976.05(3)(b). (Panick… Read More

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Guilty Plea Waiver Rule: Detainer Act Claim

State v. Karon M. Asmus, 2010 WI App 48; for Asmus: Donald C. Dudley Interstate Detainer Act claim is waived by guilty plea: ¶3        A guilty plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Kelty, 2006 WI 101, ¶18, 294 Wis. 2d 62, 716 N.W.2d 886. This rule applies even though the defendant… Read More

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court of appeals decision, pro se Detainer, definition, nationwide arrest warrant Issue/Holding: Faxing to the defendant’s prison an arrest warrant and complaint, followed by verbal confirmation of the validity of same, satisfied the § 976.05 definition of “detainer,” notwithstanding the issuing authority’s express disavowal to the prison of intent to lodge a detainer.  ¶11   We… Read More

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State v. Benjamin D. Tarrant, 2009 WI App 121

Guilty plea waiver; detainers Click here for court of appeals decision  Defense counsel: Susan E. Alesia, SPD, Madison Appellate  Issue/Holding:    ¶6        Waiver. Before addressing the merits, the State argues that Tarrant’s no contest plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Multaler, 2002 WI 35, ¶54, 252 Wis. 2d 54… Read More

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State ex rel Frederick Lee Pharm v. Bartow, 2007 WI 13, affirming 2005 WI App 215 For Pharm: Jon G. Furlow, Nia Enemuch-Trammell,Roisin H. Bell (Pro Bono) Issue: Whether, following Pharm’s release in another state prison on life-time parole and his return here under the IAD to serve a Wisconsin sentence, he was subject to ch. 980 commitment… Read More

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