William Fex v. Michigan (507 U.S. 43)

U.S. Supreme Court · decided February 23, 1993 · Supreme Court Database (Spaeth)

Citation
507 U.S. 43 · 113 S. Ct. 1085
Decided
February 23, 1993
Term
October Term 1992
Vote
7–2
Majority author
Justice Scalia
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Scalia delivered the opinion of the Court. This case arises out of a “detainer,” which is a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking that the prisoner be held for the agency, or that the agency be advised when the prisoner’s release is imminent. Indiana and Michigan, along with 46 other States, the District of Columbia, and the United States, are parties to the Interstate Agreement on Detainers (IAD). See Ind. Code §35-33-10-4 (1988); Mich. Comp. Laws §780.601 (1979); Pub. L. 91-538, 84 Stat. 1397-1403, 18 U.S.C. App. §2; 11 U. L. A. 213-214 (Supp. 1992) (listing jurisdictions). Two provisions of that interstate agreement give rise to the present suit: Article III and Article V(c), which are set forth in the margin. On February 29, 1988, petitioner was charged in Jackson County, Michigan, with armed robbery, possession of a firearm during a felony, and assault with intent to murder. At the time, he was held in connection with unrelated offenses at the Westville Correctional Center in Westville, Indiana. The Jackson County Prosecuting Attorney therefore lodged a detainer against him. On September 7, 1988, the Indiana correctional authorities informed petitioner of the detainer, and he gave them his request for final disposition of the Michigan charges. On September 22, the prison authorities mailed…

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