State v. Norris, 46646
| Decision Date | 04 November 1972 |
| Docket Number | No. 46646,46646 |
| Citation | 502 P.2d 817,210 Kan. 457 |
| Parties | STATE of Kansas, Appellee, v. Elmore NORRIS, III, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
The failure of penal officials to comply with the provisions of K.S.A. 62-2901 (b) and (c), detailing the manner in which a prisoner is to be informed of his rights respecting disposition of detainers, entitles the prisoner to final dismissal of the charge with prejudice (following State v. Ellis, 208 Kan. 59, 490 P.2d 364).
Tom Boone, Leavenworth, argued the cause and was on brief for appellant.
Patrick J. Reardon, County Atty., argued the cause, and Vern Miller, Atty. Gen., and R. B. Miller, III, Special Prosecutor, were with him on brief for appellee.
HARMAN, Commissioner:
Elmore Norris, III, was convicted of escape from the penitentiary without breaking, as denounced by K.S.A. 21-734, and sentenced under the habitual criminal act to term of not more than six years. He now appeals.
Appellant's principal contention is lack of speedy trial-more specifically, that the state failed to comply with the provisions of the Uniform Mandatory Disposition of Detainers Act (K.S.A. 62-2901 et seq., superseded by K.S.A.1971 Supp. 22-4301 et seq.)
Despite a statement to the contrary in its brief, the prosecution, upon oral argument before this court, agreed with appellant's assertion as to the facts.
The alleged offense occurred April 22, 1969. Complaint was filed and warrant was issued April 25, 1969, by the city court of Leavenworth. Appellant was returned to the penitentiary June 4, 1969, and has continuously been confined there. The warden had knowledge of the escape charge pending against appellant, having initiated it, but did not within a period of one year from June 4, 1969, inform appellant in writing of it and of appellant's right to make request for final disposition thereof.
Preliminary examination was held June 19, 1970, and appellant was bound over to the district court for trial. June 29, 1970, appellant filed in the trial court his motion to dismiss because of failure to afford speedy trial in violation of K.S.A. 62-2901. This motion was denied and appellant was eventually tried and convicted September 15, 1970.
K.S.A. 62-2901(b) mandates that the warden, superintendent or other official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden,...
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State v. Barnes
...of the detainer where the warden fails to inform the prisoner within one year after the filing of the detainer. See State v. Norris, 210 Kan. 457, 502 P.2d 817 (1972); State v. Ellis, 208 Kan. 59, 490 P.2d 364 (1971). See also King v. State, 5 Md.App. 652, 661, 249 A.2d 468, 474 n. 5, (1969......
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State v. Clark
...charges with prejudice. (K.S.A. 22-4301(c).) This court has invoked the sanction for failure to notify on two occasions. (State v. Norris, 210 Kan. 457, 502 P.2d 817; State v. Ellis, 208 Kan. 59, 490 P.2d Although this court has stated the purposes of the Act and the Agreement are parallel ......
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Pierson v. State, 46578
...of the prison officials to carry out their clear and mandatory duties required by the uniform act. We followed Ellis in State v. Norris, 210 Kan. 817, 502 P.2d 817. (This day With the Uniform Mandatory Disposition of Detainers Act and the interpretative decisions just discussed in mind we w......