Reed v. Farley, 512 U.S. 339, 34 (1994)

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372

REED v. FARLEY

Blackmun, J., dissenting

than I listen." Id., at 39-40; see also id., at 123 (noting preference for written motions). Conforming to this request, Reed filed a motion on July 25, requesting that "trial be held within the legal guidelines of the Agreement on Detainer Act." Id., at 56. Clarifying his concerns, Reed complained that the State of Indiana was "forcing [him] to be tried beyond the limits as set forth in the Agreement on Detainer Act," and specifically "request[ed that] no extension of time be granted beyond those guidelines." Ibid. This pro se motion was filed 31 days before the 120-day period expired.

Three days later, Reed filed a motion stating that there was "limited time left for trial within the laws." Id., at 88. This pro se motion was filed 28 days before the IAD clock ran out. Finally, on August 11, he filed a motion for subpoenas that sought prompt relief because the "Detainer Act time limits" were "approaching." Id., at 91. This pro se motion was filed 15 days before the 120-day IAD time limit expired.

Thus, after being instructed that the court wanted all motions in writing, Reed filed three timely written motions indicating his desire to be tried within the IAD time limits. The Supreme Court of Indiana concluded that Reed's July 26 motion constituted "a general demand that trial be held within the time limits of the IAD." 491 N. E. 2d 182, 185 (1993). Under Mauro, this was enough to put the court on notice of his demands. Even as an original matter, when a trial court instructs a pro se defendant to put his motions in writing, and the defendant does so, not once, but three times, it is wholly unwarranted then to penalize him for failing to object orally at what this Court later singles out as the magic moment.11

11 The Court, referring to the "clarity" of Reed's August 29 motion seeking discharge of the indictment, suggests that he deliberately obscured his request until after the clock had run. Ante, at 344, 349. The Court fails to mention, however, that Reed prepared his earlier motions both without counsel and without adequate access to legal materials. It was only at the August 1 pretrial conference that the court ordered the sheriff to pro-

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