Fex v. Michigan, 507 U.S. 43, 2 (1993)

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44

FEX v. MICHIGAN

Opinion of the Court

to be sent "by registered or certified mail, return receipt requested," Article III(b)), but nowhere requires a record of when the request is transmitted to the warden (if that is what constitutes the "causation"). Finally, it is unlikely that if transmittal were the critical event the IAD would be so indifferent as to the manner of transmittal. Article III(b) says only that the request "shall be given or sent" (emphasis added). Fex's "fairness" and "higher purpose" arguments are more appropriately addressed to the legislatures of the States that have adopted the IAD. Pp. 47-52.

439 Mich. 117, 479 N. W. 2d 625, affirmed.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 52.

John B. Payne, Jr., by appointment of the Court, 505 U. S. 1202, argued the cause and filed a brief for petitioner.

Jerrold Schrotenboer argued the cause and filed a brief for respondent.

Richard H. Seamon argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.

Justice Scalia delivered the opinion of the Court.

This case arises out of a "detainer," which is a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking that the prisoner be held for the agency, or that the agency be advised when the prisoner's release is imminent. Indiana and Michigan, along with 46 other States, the District of Columbia, and the United States, are parties to the Interstate Agreement on Detainers (IAD). See Ind. Code § 35-33-10-4 (1988); Mich. Comp. Laws § 780.601 (1979); Pub. L. 91-538, 84 Stat. 1397-1403, 18 U. S. C. App. § 2; 11 U. L. A. 213-214 (Supp. 1992) (listing

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