344
Opinion of the Court
mention Article IV(c) or the September 13 trial date previously set. In contrast, on August 29, four days after the 120-day period expired, Reed presented a clear statement and citation. In a "Petition for Discharge," he alleged that Indiana had failed to try him within 120 days of his transfer to state custody, and therefore had violated Article IV(c); 4 consequently, he urged, the IAD mandated his immediate release.5 The trial judge denied the petition, explaining:
"Today is the first day I was aware that there was a 120 day limitation on the Detainer Act. The Court made its setting and while there has been a request for moving the trial forward, there has not been any speedy trial request filed, nor has there been anything in the nature of an objection to the trial setting, but only an urging that it be done within the guidelines that have been set out." Id., at 113-114.
The morning trial was to commence, September 19, Reed filed a motion for continuance, saying he needed additional time for trial preparation. Id., at 128. A newspaper article published two days earlier had listed the names of persons
as set forth in the [IAD]"); Petition for Revision of Pre-trial Procedure and Relief of Violations (filed Aug. 1, 1983), id., at 88 (seeking dismissal of charges, referring, inter alia, to "the limited time left for trial within the laws"); Petition for Subpoena for Depositions upon Oral Examination, and for Production of Documentary Evidence (filed Aug. 11, 1983), id., at 91 (requesting action "as soon as possible due to approaching trial date and Detainer Act time limits").
4 Id., at 94. Specifically, Reed wrote: "That petitioner is being detained contrary to Indiana law and procedure: 35-33-10-4, Article 4(c) . . . trial shall be commenced within one hundred twenty (120) days of arrival of the prisoner in the receiving state . . . ."
5 The prosecutor, in response, pointed out that Article IV(c) permits "any necessary or reasonable continuance," and that Reed had not objected at the time the trial court set the date. Id., at 113. He also expressed confusion about the effect of the 120-day rule and its relationship to the 180-day time limit prescribed by a different IAD provision. Id., at 114; see n. 6, infra.
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