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18. Extradition/detainers

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 Project) Issue/Holding: ¶14      The IAD is an interstate compact that prescribes “procedures by which a member State may obtain for trial a prisoner incarcerated in another member jurisdiction and… 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/Holding: The IAD applies only during “imprisonment,” and is therefore inapplicable to “parole”: ¶25      Pharm also argues that his Nevada parole is “imprisonment,” as that term is used in the IAD… Read More

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State v. Jeffrey Townsend, 2006 WI App 177, PFR filed 8/18/06 For Townsend: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Because the Interstate Agreement on Detainers, § 976.05, doesn’t prescribe dismissal as a sanction for a state’s failure to notify a prisoner of a lodged detainer, dismissal as a remedy for such a violation is not supported: ¶17… Read More

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Extradition – Rule of Specialty

State ex rel. Kenneth Onapolis  v. State, 2006 WI App 84, PFR filed 5/25/06 Pro se Issue/Holding: Extradition from Australia to Wisconsin to face bank fraud and federal tax charges did not preclude, under the Rule of Specialty, Onapolis’s return on an outstanding parole violation warrant, at least where the parole violations included the fraud and tax offenses… Read More

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State v. Michael D. Lewis, 2004 WI App 211 For Lewis: Timothy A. Provis Issue/Holding: ¶10. The State does not dispute that it failed to bring Lewis’s case to trial within 120 days after the district attorney’s office received his request for prompt disposition of his case. … ¶11. The statute mandates that when the… Read More

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State v. Andrew S. Miller, 2003 WI App 74, PFR filed 4/11/03 For Miller: Brian C. Findley, SPD, Madison Appellate Issue/Holding: ¶12. This court has found that rights under the Detainer Act “are statutory in nature and may be waived by a defendant’s request for a procedure inconsistent with its provisions.” Brown, 118 Wis. 2d… Read More

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State ex rel. Bradley Jones v. Smith, 2002 WI App 90, PFR filed 4/19/02 For Jones: Jeffrey W. Jensen Issue: Whether a prisoner is entitled to discharge of sentence if transported through another state without use of the Uniform Criminal Extradition Act, § 976.03. Holding:  ¶5                        According to Jones and Morey, the government is required to use the… Read More

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State v. Christopher Lee Davis, 2001 WI 136, reversing 2001 WI App 61 For Davis: Jane Krueger Smith Issue1: Whether a circuit has discretion to dismiss a case with prejudice under § 971.11(7), for failure of the state to bring it on for trial within the 120-day period set by § 971.11(2). Holding: ¶14. We… Read More

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