Legal Opinion
State v. ONHEIBER
Court of Appeals of Wisconsin
Decided November 25, 2009No. 2009AP460-CRPublished
1Opinion of the Court
HOOVER, PJ.
¶ 1. William Onheiber, pro se, appeals an order denying his motion to dismiss a criminal complaint for violations of the Interstate Agreement on Detainers. Onheiber argues the complaint should have been dismissed with prejudice pursuant to Wis. Stat. § 976.05 because he was not brought to trial within 180 days of his request for final disposition of the pending charges. We agree, reverse the order, and direct the circuit court to dismiss the complaint with prejudice. We also quash the arrest warrant/detainer, effective immediately.
BACKGROUND
¶ 2. In September 2005, Onheiber began…
2Cases cited8 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- United States v. MauroSupreme Court of the United States · 1978
- Cooper v. LockhartCourt of Appeals for the Eighth Circuit · 1973
- Nelson v. StateWisconsin Supreme Court · 1973
- State v. EesleyWisconsin Supreme Court · 1999
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