Reed v. Farley, 512 U.S. 339, 5 (1994)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 512 U. S. 339 (1994)

Opinion of the Court

conference, the court set a July 18 deadline for submission of the many threshold motions Reed said he wished to file, and September 13 as the trial date. That trial date exceeded IAD Article IV(c)'s 120-day limit, but neither the prosecutor nor Reed called the IAD limit to the attention of the judge, and neither asked for a different trial date. Reed did indicate a preference for trial at a time when he would be out of jail on bond (or on his own recognizance); he informed the court that he would be released from federal custody two weeks before September 13, unless federal authorities revoked his "good days" credits, in which case he would be paroled on September 14. App. 39; see id., at 76.

At the August 1 pretrial conference, Reed noted his imminent release from federal custody and asked the court to set bond. Id., at 76-79. In response, the court set bond at $25,000. Also, because of a calendar conflict, the court reset the trial date to September 19. Id., at 79-81.2 Reed inquired about witness subpoenas and requested books on procedure, but again, he said nothing at the conference to alert the judge to Article IV(c)'s 120-day limit, nor did he express any other objection to the September 19 trial date.

Interspersed in Reed's many written and oral pretrial motions are references to IAD provisions other than Article IV(c). See id., at 28-31, 44 (alleging illegality of transfer from federal to state custody without a pretransfer hearing); id., at 46 (asserting failure to provide hygienic care in violation of IAD Article V). Reed did refer to the IAD prescription on trial commencement in three of the written motions he filed during the 120-day period; indeed, one of these motions was filed on the very day of the August 1 pretrial conference.3 In none of the three motions, however, did Reed

2 Reed posted bond by corporate surety on September 28 and was thereupon released from pretrial incarceration. See App. 148.

3 See Petition for Relief of Violations (filed July 25, 1983), id., at 56 (requesting that "trial be held within the legal guidelines of the [IAD]" and asserting that the State was "forcing [him] to be tried beyond the limits

343

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007