Legal Opinion

Joseph F. Tinghitella v. State of California

Court of Appeals for the Ninth Circuit

Decided October 12, 1983No. 82-5832PublishedCited by 56 opinions

1Per curiam

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), 1 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…

2Cases cited25 opinions

  1. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  2. Smith v. HooeySupreme Court of the United States · 1969
  3. Pollard v. United StatesSupreme Court of the United States · 1957
  4. Cuyler v. AdamsSupreme Court of the United States · 1981
  5. Taylor v. United StatesSupreme Court of the United States · 1973

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3Cited by56 opinions

  1. Wayne Paul Burkett v. Richard Cunningham, WardenCourt of Appeals for the Third Circuit · 1987
  2. United States v. David Henson, A/K/A Paul v. AndrewsCourt of Appeals for the First Circuit · 1991
  3. United States v. Frank MartinezCourt of Appeals for the Ninth Circuit · 1988
  4. Moody v. CorsentinoSupreme Court of Colorado · 1993
  5. Wayne Paul Burkett, K-8595 v. Thomas A. Fulcomer, Superintendent, Answering Blair County District Attorney. Wayne Paul BurkettCourt of Appeals for the Third Circuit · 1991

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