Pristavec v. State

The defendant-appellant appeals his convictions in the Superior Court of Kidnapping Second Degree and Terroristic Threatening. He claims that the State failed to bring him to trial within 180 days as required by the Uniform Act of Detainers, 11 Del.C. § 2542, and that the lower court erred by refusing to strike the testimony of a witness who had violated the sequestration order. The Superior Court ruled the Act inapplicable where, as here, the defendant’s term of incarceration in the sending state expires prior to the running of the Act’s 180 day maximum holding period. We agree, and, finding…