Joseph F. Tinghitella v. State of California

Petitioner Joseph Tinghitella appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Tinghitella asserts that California’s refusal to return him from Texas for sentencing on a California conviction violates the provisions of the Interstate Agreement on Detainers (IAD), and his right to a speedy trial. Finding no merit in either contention, we affirm.

On March 20, 1975, a California jury found Tinghitella guilty of assault with a deadly weapon. With Tinghitella and his counsel present, the court set April 10,1975 as the date for sentencing. Tinghitella was ordered to appear on that date and was released on bail. Following his release, Tinghitella fled California and failed to appear for the sentencing proceeding. As a result, his bail was forfeited and a warrant was issued for his arrest.

Tinghitella’s whereabouts were unknown to California until 1979. At that time, it was learned that he had been convicted of an offense in Texas and was serving a forty-five year sentence there. California placed a detainer on Tinghitella in Texas in June of 1979. In early September of that year, Tinghitella caused California to be served…