Legal Opinion · Dissent

Carlton v. State

Court of Appeals of Georgia

Decided March 29, 2002No. A01A2268Published

1DissentEldridge, Judge

I respectfully dissent.

1

According to the clear wording of Article III (a), the right of a prisoner to be tried within 180 days accrues only after the precise operational procedures set forth in the [Interstate Agreement on Detainers] are completely satisfied. It is incumbent upon the prisoner to initiate these procedures, and the Court of Appeals has previously indicated that the notice provisions of Article III (b) must be strictly complied with.4

In that regard, Article III (b) states that: “The written notice and request for final disposition referred to in paragraph (a) hereof shall be…

2Cases cited11 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. United States v. MauroSupreme Court of the United States · 1978
  3. Carchman v. NashSupreme Court of the United States · 1985
  4. Haisman v. StateSupreme Court of Georgia · 1979
  5. Crawford v. StateIndiana Supreme Court · 1996

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