Odhinn v. State

[136] I respectfully dissent. The 180-day speedy trial period under the Interstate Agreement on Detainers (IAD) was to expire on May 26, 2001. Nebraska released Odhinn from imprisonment, however, on May 15, 2001, before expiration of the 180-day speedy trial period. The "majority rule," acknowledged by Odhinn's appellate defense counsel, holds that if the sending state (Nebraska) releases the accused (Odhinn) within the 180-day period, then the accused (Odhinn) is, under the plain language of the IAD, no longer a "prisoner" to whom the IAD provisions apply; therefore, the IAD's speedy trial…