Legal Opinion
Robert R. Cody v. P. J. Morris, Warden
Court of Appeals for the Ninth Circuit
Decided July 10, 1980No. 79-1023PublishedCited by 31 opinions
1Opinion of the Court
NELSON, Circuit Judge:
Cody appeals from the denial by the District Court of his petition for writ of habeas corpus. He claims that his trial took place outside the 120-day period prescribed under the Interstate Agreement on Detainers Act (“IADA”) and that because a failure to try a defendant within this period is a violation of a law of the United States cognizable under § 2254, the District Court was required to make an independent factual determination of whether 120 days elapsed between Cody’s transfer to California and the start of his trial. We agree and therefore remand to the District…
2Cases cited12 opinions
- Stone v. PowellSupreme Court of the United States · 1976
- Frisbie v. CollinsSupreme Court of the United States · 1952
- United States v. MauroSupreme Court of the United States · 1978
- Ker v. IllinoisSupreme Court of the United States · 1886
- Troy Cooper v. C. J. FitzharrisCourt of Appeals for the Ninth Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Reed v. FarleySupreme Court of the United States · 1994
- Marcus T. Baumann v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1982
- United States v. Marvin P. Johnson, Robert A. Wilkins, Duane Quamina, Patricia Gordon, Mark Francis JohnsonCourt of Appeals for the Eleventh Circuit · 1983
- James Earl Hines v. J. J. Enomoto, Director, California Department of Corrections, RespondentCourt of Appeals for the Ninth Circuit · 1981
26 more not listed; retrieve them via the Exa API.