Reed v. Farley, 512 U.S. 339, 13 (1994)

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

Opinion of Ginsburg, J.

IV(c)'s deadline, Reed produced his meticulously precise "Petition for Discharge." See supra, at 344, and n. 4.9

As the Court of Appeals observed, had Reed objected to the trial date on June 27 or August 1 "instead of burying his demand in a flood of other documents, the [trial] court could have complied with the IAD's requirements." 984 F. 2d, at 209-210. The Court of Appeals further elaborated:

"During the pretrial conference of August 1, 1983, Reed presented several arguments based on the IAD, including claims that the federal government should have held a hearing before turning him over to the state and that his treatment in Indiana fell short of the state's obligations under Art. V(d) and (h). Reed did not mention the fact that the date set for trial would fall outside the 120 days allowed by Art. IV(c). Courts often require litigants to flag important issues orally rather than bury vital (and easily addressed) problems in reams of paper, as Reed did. E. g., Fed. R. Crim. P. 30 (requiring a distinct objection to jury instructions); cf. Fed. R. Crim. P. 12(b) (a district judge may require motions to be made orally). It would not have been difficult for the judge to advance the date of the trial or make a finding on the record of good cause, either of which would have satisfied Art. IV(c). Because the subject never came up, however, the trial judge overlooked the problem." Id., at 213.

Reed regards the Court of Appeals' description of his litigation conduct, even if true, as irrelevant. He maintains

9 In contrast, the defendant in United States v. Ford, 550 F. 2d 732 (CA2 1977), aff'd sub nom. United States v. Mauro, 436 U. S. 340 (1978), made "[timely and] vigorous protests," to several Government-requested continuances, yet was tried 13 months after Article IV(c)'s 120-day period expired. 550 F. 2d, at 735. Reed's trial occurred within two months of the period's expiration. See infra, at 353.

351

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