Legal Opinion · Dissent

Commonwealth v. Williams

Supreme Court of Pennsylvania

Decided April 21, 2006No. 357 CAPPublished

1DissentJustice Baer

Although the law often provides room for the courts to' forgive procedural missteps, in some cases it affirmatively denies such discretion. The Interstate Agreement on Detainers Act (IADA or Act),1 which requires dismissal with prejudice of any charges untimely tried, falls into the latter category. In my view, by conflating its analysis of the Act with the analysis of Pennsylvania’s similar but distinct “Prompt Trial” rule,2 which lacks the IADA’s more demanding requirements and its mandatory sanction, the trial court erred in declining to dismiss with prejudice the charges against…

2Cases cited29 opinions

  1. United States v. MauroSupreme Court of the United States · 1978
  2. Cuyler v. AdamsSupreme Court of the United States · 1981
  3. New York v. HillSupreme Court of the United States · 2000
  4. United States v. MezzanattoSupreme Court of the United States · 1995
  5. Commonwealth v. FreemanSupreme Court of Pennsylvania · 2003

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