Buchanan v. Michigan Dept. of Corrections, Docket No. 15740
| Decision Date | 27 September 1973 |
| Docket Number | No. 2,Docket No. 15740,2 |
| Citation | 50 Mich.App. 1,212 N.W.2d 745 |
| Parties | Walter BUCHANAN, Plaintiff, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant |
| Court | Court of Appeal of Michigan — District of US |
Walter Buchanan in pro. per.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Stewart H. Freeman, Asst. Sol. Gen., for appellee.
Before LESINSKI, C.J., and FITZGERALD and QUINN, JJ.
This case comes to us as a mandamus action seeking to compel the defendant to quash a detainer placed against the plaintiff. At issue is whether the Michigan Department of Corrections has the authority pursuant to the interstate agreement on detainers, M.C.L.A. § 780.601; M.S.A. § 4.147(1), to maintain a detainer against Walter Buchanan.
Plaintiff had been convicted of first-degree murder by courts of the Common-wealth of Kentucky in 1947. He was paroled in 1956, and released from supervision under that parole on June 21, 1957. He was never discharged from parole. Subsequently, in April of 1963, a trial in Michigan courts convicted Buchanan of first-degree murder. It was the judgment of the court that he be sentenced to life imprisonment.
On May 8, 1963, plaintiff received notification that authorities in Kentucky had filed a parole violation detainer against him. In August, 1970, plaintiff wrote Kentucky authorities requesting information concerning the detainer lodged against him. Two letters from the Kentucky Parole Board provided an answer. On August 10, 1970, plaintiff was advised that the detainer warrant for parole violation would not be lifted until such time as Michigan took action on his release, at which time Kentucky would decide if they would return him as a parole violator.
Following this, plaintiff filed a complaint for writ of mandamus and motion to show cause in this Court to compel the defendant to remove from its records the detainer filed by Kentucky parole authorities.
We should say at the outset that the plaintiff's brief, lodged In propria persona, contends that the detainer is invalid under Kentucky law. If there is merit to that claim, it is for the Kentucky courts to decide. The issue here is the propriety of the Michigan Department of Corrections' action to maintain the detainer.
In an earlier cause involving the idencal issue, Jackiewicz v. Department of Corrections, Docket No. 15359, the Court dismissed the plaintiff's mandamus action by order dated January 8, 1973. The panel concluded that the interstate agreement on detainers was applicable only when the detainers were 'based on untried indictments, informations or complaints'.
With this ruling we agree. The legislation dealing with this subject provides:
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