Reed v. Farley, 512 U.S. 339, 33 (1994)

Page:   Index   Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

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

Blackmun, J., dissenting

quirements and to make a simple time calculation at the outset of the proceedings against a transferred defendant.

Indeed, in this case, the trial court and prosecutor both had constructive notice of the IAD time limits. The Fulton County Circuit Court signed and certified that the request for temporary custody was transmitted "for action in accordance with its terms and the provisions of the Agreement on Detainers." App. 5-6 (emphasis added). The State's request stated: "I propose to bring this person to trial on this [information] within the time period specified in Article IV(c) of the [IAD]." Id., at 5.

Even assuming, however, that a defendant must invoke the IAD's time limits in order to obtain its protections, Reed clearly did so here. In United States v. Mauro, 436 U. S. 340 (1978), this Court agreed that the defendant's "failure to invoke the [IAD] in specific terms in his speedy trial motions before the District Court did not result in a waiver" of his claim that the Government violated the IAD. Id., at 364 (emphasis added). We concluded, instead, that the prosecution and the court were "on notice of the substance" of an inmate's IAD claims when he "persistently requested that he be given a speedy trial" and "sought the dismissal of his indictment on the ground that the delay in bringing him to trial while the detainer remained lodged against him was causing him to be denied certain privileges at the state prison." Id., at 364, 365. Reed did no less.

On May 9, 1983, at his first appearance before the court, Reed, appearing without counsel, informed the court that he would be in a halfway house but for the detainer. App. 12. The court acknowledged that there is a "world of difference" between a halfway house and the Fulton County jail. Id., at 14. The court later observed that Reed's incarceration rendered him incapable of preparing his defense. Id., at 54.

At the June 27 pretrial conference, Reed asked the court if it would prefer future motions orally or in writing. The court responded, "I want it in writing," and "I read better

371

Page:   Index   Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: October 4, 2007