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Criminal Law: Dismissal of Charges-IAD

Staff Report//August 31, 2023//

Criminal Law: Dismissal of Charges-IAD

Staff Report//August 31, 2023//

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Defendant sought a permanent writ ordering the dismissal of his criminal charges due to the state’s failure to hold his trial within 180 days of his request to dismiss the charges under the Interstate Agreement on Detainers. In January 2020, defendant was charged with sex crimes and was subsequently taken into federal custody on separate federal charges. Defendant pled guilty to his federal charges and was sentenced to 36 months. In February 2022, the state lodged a detainer, and defendant filed a request to dispose of his state sex charges. In June 2022, the state took custody of defendant. However, the trial court failed to secure a jury panel before the 180-day deadline. But the trial court granted the state’s motion for a continuance.

Where the state accepted custody of defendant and admitted he complied with the IAD, it waived any argument that defendant had failed to properly invoke his rights, and there was no good cause to continue defendant’s case as the trial court’s crowded docket did not provide good cause to extend the IAD deadline.

Preliminary writ made permanent.

State ex rel. Wishom v. Bryant (MLW No. 80462/Case No. SC99949 – 18 pages) (Supreme Court of Missouri, Powell, J.) Original proceeding in prohibition. (Brendan Kottenstette, St. Louis, for petitioner) (Gregory M. Goodwin, Jefferson City, for respondent)


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