State ex rel. Chamberlain v. Martinco, 42518
| Decision Date | 14 August 1970 |
| Docket Number | No. 42518,42518 |
| Citation | 288 Minn. 231,179 N.W.2d 286 |
| Parties | STATE of Minnesota, ex rel. Ames Lee CHAMBERLAIN, Appellant, v. Adam MARTINCO, Sheriff, Pine County, Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
Where it appears that a person convicted of committing a Federal offense has completed service of the sentence therefor in a Federal penal institution in the State of Minnesota and is held for extradition to the State of Kansas, pursuant to valid and regular extradition proceedings, the Minnesota courts, in habeas corpus proceedings initiated by the convict, will not pass upon questions relating to the constitutional right to a speedy trial allegedly denied him by the State of Kansas and will leave to the courts of that state the determination of the merits of such objections.
C. Paul Jones, Public Defender, Rosalie Wahl and Roberta Levy, Asst. Public Defenders, Minneapolis, for appellant.
Douglas Head, Atty. Gen., Darrell Hill, Spec. Asst. Gen., St. Paul, Howard Ledin, County Atty., Pine City, for respondent.
Heard before KNUTSON, C.J., and MURPHY, OTIS, SHERAN, and PETERSON, JJ.
This is an appeal from an order of the district court discharging a writ of habeas corpus. Petitioner, who is being held pending extradition under process issued by the State of Kansas, contends that the trial court erred in denying his alleged right to litigate his constitutional right to a speedy trial in habeas corpus proceedings in this state.
It appears from the record that while petitioner, Ames Lee Chamberlain, was incarcerated in Sandstone Federal Prison on a conviction for a Federal violation, a warrant of arrest was issued against him for the offense of first-degree robbery in Shawnee County, Kansas. In October 1967, a detainer was filed by the State of Kansas for that offense. Upon his release from the Sandstone prison on February 6, 1970, petitioner was taken into custody by the sheriff of Pine County for extradition pursuant to the detainer. Petitioner thereupon applied for habeas corpus, which is the origin of this appeal.
The basis for the relief demanded is predicated upon a letter addressed to the district attorney of Shawnee County, Kansas, dated May 2, 1969, in which petitioner asked that prosecutive action be instituted on the charge pending against him in that state. Petitioner informed the prosecuting attorney that This letter was unanswered. It appears that letters were also written in petitioner's behalf to the Kansas authorities by the public defender asking that the same action be taken, but because of lack of foundation these letters were rejected by the trial court. Petitioner contends that the delay of approximately 9 months between the date of the letter and the commencement of the extradition process is a denial of his constitutional right to a speedy trial. Following State ex rel. LaRose v. Granquist, 273 Minn. 231, 140 N.W.2d 700, the trial court denied the writ and refused to pass upon questions relating to constitutional rights allegedly denied in Kansas and left to the courts of that state the determination of the merits of such objections.
Petitioner contends that, by reason of Minn.St. 629.294, subd. 1, art. III(a), of the Interstate Agreement on Detainers, and Minn.St. 629.292, subd. 3, of the Uniform Mandatory Disposition of Detainers Act, as well as Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319, and Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607, our decision in LaRose is no longer controlling. Minn.St. 629.294, subd. 1, art. III(a), provides in part:
'Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within 180 days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the...
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