(DOWNLOAD) "Rowan G. Richerson v. State Idaho" by Supreme Court of Idaho No. 9751 # eBook PDF Kindle ePub Free
eBook details
- Title: Rowan G. Richerson v. State Idaho
- Author : Supreme Court of Idaho No. 9751
- Release Date : January 21, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This appeal presents for resolution the question whether following request for a speedy trial by an accused, the refusal of the State to initiate procedures under 18 U.S.C.A. § 4085 for return of the accused, who is an inmate in a federal correction institution, to this state for trial on a criminal charge deprives such accused of his right to a speedy trial guaranteed by U.S. Const. Amend. 6, cl. 1, and also by Idaho Const. Art. 1, § 13. Appellant Richerson, on June 29, 1965, submitted to the District Court for Canyon County, his motion entitled ""Motion for a Speedy Trial or in the Alternative Dismissal of Charges and Detainer Warrant."" Subsequently such motion and other instruments were filed in that court. Appellant alleged that he was charged by complaint filed in the Justice Court, Nampa Precinct of Canyon County, with the crime of forgery, a felony, and that a warrant for his arrest issued July 24, 1964; that thereafter on April 6, 1965, a detainer warrant was filed against him while he was incarcerated in the federal penitentiary at Leavenworth, Kansas. He also alleged that he wrote a letter to the Canyon County Sheriff, who delivered it to the Nampa City Chief of Police who signed the criminal complaint and filed the detainer warrant against him. In this letter, appellant sought information as to whether an indictment or information had been filed against him. Appellant also wrote the prosecuting attorney of Canyon County on April 26, 1965, June 3, 1965, and June 8, 1965, asking for information and requesting a speedy trial on the charge. Appellant alleged he received no replies to those letters; he further alleged that as a result of the detainer warrant filed with the penitentiary officials, he was deprived of any opportunity to be transferred to a penitentiary other than one of maximum security and that he was under emotional upset and distress. Appellant's motion was submitted by himself without the assistance of counsel. See: Johnson v. State, 85 Idaho 123, 376 P.2d 704 (1962).
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