Dennis Allen Brown v. Charles L. Wolff, and Richard H. Bryan, Attorney-General of the State of Nevada

Good Law
706 F.2d 902·1983 U.S. App. LEXIS 28671
United States Court of Appeals for the Ninth CircuitApril 21, 198380-4447California2,949 words

Opinion

Opinion

Fletcher, J.

Dennis Brown, a Nevada state prisoner, appeals the dismissal of his habeas petition claiming a violation of the Interstate Agreement on Detainers (IAD), to which Nevada is a party. Brown contends that he was not tried within 180 days of his request for trial. The State argues that Brown’s conviction is valid under the IAD because Brown waived his IAD speedy trial rights. We have jurisdiction under 28 U.S.C. § 2253 (1976) and affirm.

I

Facts

On February 25, 1975, while Brown was incarcerated in a Maryland jail on Maryland robbery charges, the State of Nevada filed a criminal complaint charging Brown with robbery in Nevada. Both Maryland and Nevada are parties to the LAD, an interstate compact designed, inter alia, to enable a prisoner in one state to request the speedy disposition of criminal charges pending against him in another jurisdiction. See Md.Ann.Code, Art. 27, §§ 616B-616J (1965); Nev.Rev.Stat. § 178.620 (1971). Pursuant to the IAD, Nevada officials filed a detainer with the State of Maryland in June 1975. Four months later, Brown pleaded guilty to the Maryland robbery and received a fifteen-year sentence.

Brown was not informed of the Nevada detainer until October…

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