Legal Opinion

State v. Schmidt

Hawaii Intermediate Court of Appeals

Decided January 28, 1997No. 17185PublishedCited by 13 opinions

1Opinion of the Court

ACOBA, Judge.

We hold that (1) Defendant-Appellant David Jerome Schmidt (Defendant) was brought to trial on his theft charge within 180 days as required under article 111(a) of the Interstate Agreement on Detainers (IAD or the IAD), Hawai'i Revised Statutes (HRS) chapter 834, (2) the 180-day period ran from receipt of Defendant’s request for final disposition of outstanding charges by the State of Hawai'i (the Stated and not from the date the request was filed with Minnesota officials having custody of Defendant, (3) the time attributable to determining Defendant’s motion to continue trial and…

2Cases cited51 opinions

  1. United States v. AtkinsonSupreme Court of the United States · 1936
  2. Cuyler v. AdamsSupreme Court of the United States · 1981
  3. Carchman v. NashSupreme Court of the United States · 1985
  4. Fex v. MichiganSupreme Court of the United States · 1993
  5. Seth Yellen, A/K/A Ronald Larkins v. Thomas I. Cooper, Superintendent, Shadow Mountain Correctional Facility, and Lt. Ted Weber, Correctional OfficerCourt of Appeals for the Tenth Circuit · 1987

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3Cited by13 opinions

  1. Walker v. State, Texas Court of Appeals, 10th District (Waco)2006
  2. State v. Schnabel.Hawaii Supreme Court · 2012
  3. State v. OvertonMissouri Court of Appeals · 2008
  4. State v. SomerlotWest Virginia Supreme Court · 2001
  5. Monroe v. StateDistrict Court of Appeal of Florida · 2007

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