Amicus Curiae Brief — Alabama v. Bozeman

Supreme Court brief2001

Ask Donna

What actually matters in this document.

Text

FILED

JAN oF 2e0( « | JAN 25° 990

No. 00-492 | OFFIC imo |

dee

Jun the Supreme Court of the Guited States

STATE OF ALABAMA, PETITIONER

UV.

MICHAEL HERMAN BOZEMAN

ON WRIT OF CERTIORARI

TO THE SUPREME COURT OF ALABAMA

BRIEF FOR THE UNITED STATES

AS AMICUS CURIAE SUPPORTING PETITIONER

BARBARA D. UNDERWOOD

Acting Solicitor General

Counsel of Record

JOHN C. KEENEY

Acting Assistant Attorney

General

MICHAEL R. DREEBEN

Deputy Solicitor General

JEFFREY A. LAMKEN

Assistant to the Solicitor

General

Department of Justice

Washington, D.C. 20580-0001

(202) 314-2217

QUESTION PRESENTED

Whether a one-day transfer of a federal prisoner to

state custody for purposes of arraignment, without

completing the trial on the state charges, violates

Article IV(e) of the Interstate Agreement on Detainers

and requires dismissal of the state charges.

TABLE OF CONTENTS

Page

Interest of the United States ...........cccccscccecccsessssssecosesssesescosseees., 1

ce TES ETS I OD 2

or he ESET RTT 10

Argument:

Article [V(e) of the Interstate Agreement on

Detainers is not violated by a brief interruption of

confinement that does not affect substantial rights ........ 12

A. The vast majority of federal courts have

correctly concluded that de minimis transfers

ot i | TL ATTA 13

B. The decision below is inconsistent with

fundamental principles of statutory con-

Sr ITITT Sidi asa ichgdatbaacighiecintnatncegnabnscanesbnenshdamnbsatanceseena 20

RES SRE AD nO a a 27

EEE DSSS ONTO la

TABLE OF AUTHORITIES

Cases:

Arizona v. Fulminante, 499 U.S. 279 |: ee aon 23

Baxter v. United States, 966 F 2d 387 (8th Cir.

SLES SLES TOT 16

Carchman v. Nash, 473 U.S. 716 (1985) ..ccccccccssssssscsosses 2, 3,13

Chapman v. California, 386 U.S. 18 (1967) cccccccossseeccoe.oo.. 23

Cuyler v. Adams, 449 U.S. 433 (1981) ceccccccsscscsscssseccoseseoes 2

Delaware v. Van Arsdail, 475 U.S. 673 ( i 23

General Carbon Co. v. OSHA, 860 F.2d 479

et deleiinkacescnssannsscnsncanssnninacianee 20

Mobil Oil Exploration & Producing S.E., Inc.

v. United States, 120 S. Ct. 2423 (2000) coccccccccecccccocceess.., 21

New York v. Hill, 528 U.S. 110 (2000) -.ccccccccccscosssee. 3, 14, 23, 24

Salinas v. United States, 522 U.S. 52 (1997) cccccccccccse....... 24

Sassoon v. Stynchombe, 654 F.2d 371 (5th Cir.

1981) " 8, 15-16, 17

(IIT)

IV

Cases—Continued: Page

State v. Sassoon, 242 S.E.2d 121 (Ga. 1978) ..........sscssessees 8

United States v. Chavez, 416 U.S. 562 (1974) .........ccceeee 22

United States v. Daniels, 3 F.3d 25 (Ast Cir.

SE sentasshanasesascitin ; 15, 17, 18

United States v. Donovan, 429 U.S. 413 (1977) ............000 22

United States v. Giordano, 416 U.S. 505 (1974) ............... 22

United States v. Johnson, 953 F.2d 1167 (9th Cir.),

cort. domied, GOG UES. BIO. (IBGE) onc.ccseccesesnsscsscssirecsencnenasevens 16

United States v. Mauro, 436 U.S. 340 (1978) «02... eeseeeeeee 3

United States v. Roy, 771 F.2d 54 (2d Cir. 1985),

cert. denied, 475 U.S. 1110 (1986) .......sscscseseseseneneneees 15, 17, 25

United States v. Roy, 830 F.2d 628 (7th Cir.

1987), cert. denied, 484 U.S. 1068 (1988) ..........+00 4, 10, 15, 16

United States v. Sorrell, 413 F. Supp. 138 (E.D.

Pa. 1976), aff'd, 562 F.2d 227 (3d Cir. 1977), cert.

Gen GS UI, DE Ce teinierinsinenatainsienitheneninnscininniicninness 9

United States v. Taylor, 173 F.3d 538 (6th Cir.),

cert. denied, 528 U.S. 987 (1999) ..........ccccccccscccsssecsesccsescesees 16

United States v. Taylor, 947 F.2d 1002 (ist Cir.

1991), cert. denied, 504 U.S. 991 (1992) ............sscssssssceseeees 16

United States v. Taylor, 861 F.2d 316 (1st Cir.

POD cicsssihensicussiabameticiteininibtinaibilia 15, 17

United States v. Wells, 519 U.S. 482 (1997) ..........sccccseseees 24

Wisconsin Dep’t of Revenue v. William Wrigley, Jr.,

big, RD ie TG CID cicchieiesincaresininnthncicisintainctcinin 11, 12, 21, 26

Constitution, statutes and rules:

U.S. Const. Art. I, § 10, Cl. 3 (Compact Clause) ................. 2,1la

Crime Control Consent Act of 1934, ch. 406,

4B Stak. SOD 6 WB. TIBI) wisscesnssicnininesncrinscniimscnnsins 2

Interstate Agreement on Detainers Act, Pub. L.

No. 91-538, 84 Stat. 1397, as amended by Anti-Drug

Abuse Act of 1988, Pub. L. No. 100-690, § 7059,

102 Stat. 4403 (18 U.S.C. App. 2) ...cccssssssssssssssssssssessseees 2,18, la

§ 2:

BRE scsssescimineemasicinisnii -~ 13,23

Statutes and rules—Continued: Page

REG LOUD) ciswiensincivierieaccatideianabieielannensaieria: 3, 2a

SO EEE saccenstsatstnicntinscsotianniiidetions 5, 3a

REED ‘sibdiininesitieninsiniiabigtnneteg ees ts 14, 3a

Art. IV a m 3, 13, 5a

FG ED iti titihniaicreiseg: . 3, 5a

Art. IV(c) stpeacnniicinianntahonineinabiniseinaitenieasanie 3, 14, 6a

Fg | Nev WO SII PEIRCE ls ROEM O Ee passim

WORF sssisntnseniincintesbiaistiasiccisisseodesans 3, 13, 7a

Te TE siscitnemccintrsanieinijedsieitncaninsisloniitegbnicctii teas 14, 8a

TRS WOU diarcisisiistaeiciininibibicladiadiitis ition 3, 14, 8a

Art. IX ' sseveesesesaueesosseneoane 8, 24, 10a

IP adhidicineisnaniatnactiaian - 2,18,12a

OCF seationaicishcinsetcpiceaibccincelbibiabiiasicee asta cts koa 14, 18, 12a

§ 9(2) . ‘ sanpitelsnidgiiiiaiac 18, 12a

Omnibus Crime Control and Safe Streets Act of

1968, Tit. IIT, 18 U.S.C. 2510 et seq. ..ccesccsscsesccssscsssssssosssee 22

A er UI Siauiiciipnisceisenigepickeitaabaneneie dita eect ate 4

I PMT E shiliseieiliticsitiigliatacli ah Ss 23, 1a

Ala. Code §§ 15-9-80 et seq. (1995) ...c.cccccessesssssssessssesecoseceeesee. 2

dhcgac hea, te inca: heb SE Nee NN TTA 23, 13a

AMMEN eRe ENS NETS DEN Rae OIE Lorn 23, 13a

Miscellaneous:

MiP Stay. TR, RFI CRD vicccscsctsnssieasssttsdeesrseasinnsddeaastcsins 15, 19

4 Arthur L. Corbin, Corbin on Contracts ( SUES sanenteiaieiscs 21

Council of State Governments, Suggested State

Legislation, Program for 1957 (1956) ... de 13, 25

2 E. Allan Farnsworth, Farnsworth on Contracts

cts Ee INEPT NOM NSN OO RE EPROM SE SS 21

W. Page Keeton, Prosser and Keeton on Torts

(5th ed. 1984) = —- 20-91

15 Richard A. Lord, Williston on Contracts (4th ed. :

er A EINE OA TAI EI PRT 21

S. Rep. No. 1356, 91st Cong., 2d Sess. (1970) ceeccccceccocsssecoee. 25

In the Supreme Court of the United States

No. 00-492

STATE OF ALABAMA, PETITIONER

Vv.

MICHAEL HERMAN BOZEMAN

ON WRIT OF CERTIORARI

TO THE SUPREME COURT OF ALABAMA

BRIEF FOR THE UNITED STATES

AS AMICUS CURIAE SUPPORTING PETITIONER

INTEREST OF THE UNITED STATES

This case involves the construction of the Interstate

Agreement on Detainers (IAD), a congressionally

authorized interstate compact to which the United

States is a party. The question presented is whether

Article IV(e) of the IAD requires the dismissal of the

state charges against respondent with prejudice be-

cause he was transferred from federal custody to state

custody for arraignment and returned to federal

custody one day later without completing his state trial.

As a party to the compact, the United States has an

interest in its correct interpretation and application. In

addition, the United States has an interest in being able

to accommodate a State’s request for temporary cus-

(1)

2

tody of a federal prisoner in connection with a state

prosecution that may not be completed before the

prisoner is returned. Finally, issues similar to the

present one have arisen in federal prosecutions,

although Congress has enacted special laws to address

the case in which the federal government obtains

custody of a state prisoner from the State in connection

with a federal prosecution and returns the prisoner to

state custody before trial has been completed, see 18

U.S.C. App. 2, § 9.

STATEMENT

1. The Compact Clause of the United States Consti-

tution, Art. I, § 10, Cl. 3, provides that States may enter

into agreements and compacts with one another, but

only with “the Consent of Congress.” Pursuant to that

authority, Congress in 1934 authorized the States to

enter into agreements, including the Interstate Agree-

ment on Detainers (IAD), to regulate the apprehension

and prosecution of criminals. See Crime Control

Consent Act of 1934, ch. 406, 48 Stat. 909 (4 U.S.C.

112(a)); Cuyler v. Adams, 449 U.S. 438, 441-442 & n.9

(1981). Since the IAD’s promulgation, 48 States have

entered into it. Carchman v. Nash, 473 U.S. 716, 719

(1985). For example, the IAD is codified as part of

Alabama Law as Ala. Code §§ 15-9-80 et seq. (1995).

The United States became a party to the IAD in 1970,

see Interstate Agreement on Detainers Act, Pub. L.

No. 91-538, 84 Stat. 1897, as amended, Anti-Drug Abuse

Act of 1988, Pub. L. No. 100-690, § 7059, 102 Stat. 4403,

and the IAD is codified as a matter of federal law in 18

U.S.C. App. 2.’

! Before the United States became a party to the IAD, the

government employed the writ of habeas corpus ad prosequendum

to obtain custody of state prisoners in order to proceed with

a aeoeneilincinieibbeliitet » awe 2: sap piaiegasteaeeeenem,

3

Detainers are ordinarily employed when one State

seeks to bring charges against a prisoner in another

State’s custody. New York v. Hill, 528 U.S. 110, 111-

112 (2000).’ As this Court has explained, a “detainer is

a request filed by a criminal justice agency with the

institution in which a prisoner is incarcerated, asking

the institution either to hold the prisoner for the agency

or to notify the agency when release of the prisoner is

imminent.” Carchman, 473 U.S. at 719. Articles IV

and V of the IAD provide the mechanisms through

which one jurisdiction may, for purposes of criminal

prosecution, obtain temporary custody of a prisoner

incarcerated by another jurisdiction. Under Article IV,

a State that has lodged a detainer against a prisoner

may, by written notice, request temporary custody or

availability of the prisoner. IAD, Art. IV(a). Once that

State has received custody of the prisoner, it must try

him within 120 days, subject to reasonable continuances

for good cause shown in open court. IAD, Art. IV(c).

Article V(e) provides that, “[a]t the earliest practicable

time consonant with the purposes of” the IAD, “the

prisoner shall be returned to the sending State.”

Article IV(e), known as the anti-shuttling provision,

provides that, “i]f trial is not had on any indictment,

information, or complaint contemplated hereby prior to

federal prosecutions. This Court has held that, notwithstanding

Congress’s adoption of the IAD, the federal government may con-

tinue to employ that writ to obtain custody of state prisoners. See

United States v. Mauro, 436 U.S. 340, 360-361 (1978).

2 The IAD defines the term “State” as including not only the

various States and Commonwealths that compose the Union, but

also the United States of America, the District of Columbia, Puerto

Rico, and any territory or possession of the United States. IAD,

Art. Il(a). Throughout this brief, we use the term “State” in the

same sense.

4

the prisoner’s being returned to\the original place of

imprisonment pursuant to article V(e)” of the IAD,

“such indictment, information or complaint shall not be

of any further force or effect, and the court shall enter

an order dismissing the same with prejudice.” The anti-

’ shuttling provision is meant “to protect the prisoner

against endless interruption of the rehabilitation pro-

grams because of criminal proceedings in other juris-

dictions.” United States v. Roy, 830 F.2d 628, 636 (7th

Cir. 1987), cert. denied, 484 U.S. 1068 (1988).

2. In June of 1995, respondent Michael Herman

Bozeman was arrested in Covington County, Alabama,

on federal charges, including conspiracy to possess

methamphetamine with intent to distribute it in vio-

lation of 21 U.S.C. 846. On November 38, 1995, respon-

dent appeared before the United States District Court

for the District of Georgia, and pleaded guilty to those

charges. He was sentenced to 75 months of impris-

onment, to be followed by four years of supervised

release; the term of imprisonment was later reduced to

36 months, but the term of supervised release was left

unchanged.

In September of 1996, a Covington County, Alabama,

grand jury indicted respondent on various shooting

charges, including two counts of discharging a firearm

into an occupied dwelling, two counts of discharging a

firearm into an unoccupied vehicle, and one count of

discharging a firearm into an unoccupied dwelling.

Respondent had committed those offenses in June of

1995, before he was arrested on federal charges. The

Covington County District Attorney sent a request to

the Federal Bureau of Prisons in Atlanta, asking that a

detainer be placed against respondent under the IAD.

Bureau of Prisons officials responded by stating that

the detainer had been filed pursuant to the District

5

Attorney’s request. Respondent apparently received

and signed, on November 4, 1996, a notice that advised

him of the detainer, notified him of the untried indict-

ments, and informed him that he had the right under

Article III of the LAD to request prompt disposition of

the charges against him. Respondent was later trans-

ferred from the Federal Penitentiary in Atlanta to a

federal facility in Marianna, Florida. Pet. 5. Marianna

is in northwestern Florida, near the Alabama border,

approximately 80 miles (as the crow flies) from the

county seat of Covington County, which is the city of

Andalusia.®

On January 8, 1997, the District Attorney requested

temporary custody of respondent from Bureau of Pri-

sons officials in Marianna, Florida, indicating that

respondent was needed for arraignment and appoint-

ment of counsel on the shooting charges. The written

request stated that respondent would be picked up on

January 15, 1997, and returned the next day, on

January 16, 1997. It was not until January 238, 1997,

however, that respondent was made available to and

placed in the temporary custody of Covington County

authorities, who transported him to Covington County.

The next day, January 24, 1997, respondent received

appointed counsel, was arraigned on the shooting

charges, and transferred back to federal custody in

Marianna, Florida. Pet. App. 17-18, 28; Pet. 5-6.

On the day of arraignment, respondent’s pro se

motion to dismiss the indictment, which claimed that

there had been a violation of the IAD, was filed.

(Respondent apparently had earlier been transferred

3 The driving distance between Marianna, Florida, and An-

dalusia, Alabama, is approximately 110 miles. We are advised that

the estimated travel time is two hours and ten minutes.

fe

for arraignment on separate drug charges, which were

later dismissed, and returned to federal authorities

before being indicted on the shooting charges. See note

4, infra.) Appointed counsel stated that there were

possible questions on that issue, and asked to reserve

’ the issue for post-arraignment consideration; the trial

court granted the motion. Apparently, respondent did

not object to being returned to federal custody follow-

ing the arraignment, and he was so returned. Pet. 6.

On February 21, 1997, respondent’s counsel filed a

motion to dismiss the untried charges. Article [V(e) of

the IAD, he argued, compelled dismissal because re-

spondent had been brought to Covington County under

the IAD, but had been returned to his original place of

incarceration without having been tried. Shortly there-

after, on February 27, 1997, respondent was trans-

ferred back into the custody of Covington County

officials to stand trial on the shooting charges. He was

tried that day, and the jury unanimously found him

guilty of all charges the next day, February 28, 1997.

Pet. 7.

Following his conviction, respondent renewed the

motion to dismiss. After a hearing, the trial court

denied the motion. The only issue before it, the trial

court stated, was whether Article IV of the IAD had

been violated. Pet. App. 27. The trial court found that,

because respondent had been “brought to Covington

County * * * to attend to short pre-trial matters, not

anticipated to require his extended presence,” it “made

much sense to bring him into the county briefly to see

to those matters, and thereupon return him to the

surroundings to which he was accustomed.” Id. at 28.

“That course,” the court explained, “appears to have

been conservative of defendant’s interest in main-

taining any course of rehabilitation available to him in

7

federal prison. He certainly would not receive much

rehabilitation in a county jail.” Ibid. “[MJany prison

inmates,” the court continued, “don’t care to stay in our

county jail for two or three months pending trial.” bid.

The court therefore found that “there was a failure of

proof that” respondent’s transfer had “interfered with

[his] participation in any rehabilitative program, or that

he was denied, threatened with the denial of, or feared

losing any privileges because of this state charge.” Pet.

App. 28.‘ Instead, the court found that the transfer was

“wholly consistent with the goal of the IAD to expedite

the prosecution of state charges without interfering

with any rehabilitative programs.” Jd. at 29. The court

therefore held that there had been no violation of the

IAD, and it declined to dismiss the charges.

3. The Alabama Court of Criminal Appeals affirmed.

Pet. App. 15-26. The court began by noting that the

federal courts of appeals were divided on whether a

one-day transfer between a sending and a receiving

jurisdiction, without resolution of the pending charges,

violates Article IV(e) of the IAD. Id. at 21. The posi-

4 The trial court’s opinion speaks of “transfers” in the plural

because, before being transferred to Covington County on the

shooting charges, respondent was once transferred to Covington

County in connection with state drug charges that were later

dismissed. See Pet. 4 n.2. The Court of Criminal Appeals con-

cluded that, because the shooting charges were not pending at the

time respondent was transferred to Covington County and then

returned to federal custody in connection with the drug charges,

the IAD could not be read as requiring dismissal of the shooting

charges based on that earlier transfer. The IAD, the court ex-

plained, only applies to “untried indictments,” and there was no

untried indictment charging the shooting offenses when respon-

dent was transferred and returned in connection with the drug

charges. See Pet. App. 16-17. Respondent has not sought further

review of that holding.

8

tion of the courts finding no violation, the Court of

Criminal Appeals concluded, was more persuasive in

light of paragraph 1 of Article 1X of the IAD, which

states that the agreement “shall be liberally construed

so as to effectuate its purposes.” Jbid. In this case, the

court noted, the transfers did not interfere with the

purpose of the IAD. /bid. To the contrary, the court of

appeals observed that respondent had failed (until

appeal) to claim that he had suffered any prejudice

from the transfer. Id. at 21-22.° Keeping a prisoner

“for trial, rather than returning him immediately after

arraignment,” the court explained, often would “inter-

fere[] with [the prisoner’s] legitimate interest in partici-

pating in the program of rehabilitation in which he was

enrolled;” in contrast, brief removal and “prompt return

* * * after arraignment” did not have that effect. Jd.

at 23 (quoting Sassoon v. Stynchombe, 654 F.2d 371,

375 (5th Cir. 1981), and State v. Sassoon, 242 S.E.2d

121, 123 (Ga. 1978)). Based on that reasoning and the

record before it, the court held that respondent’s “brief

transfer in January 1997 for arraignment * * * and

return to federal custody the following day did not

violate Article IV(e) of” the IAD. Jd. at 26.

4. The state supreme court reversed, with three

justices dissenting. Pet. App. 1-14. The majority

5 On appeal, respondent apparently “made a conclusory asser-

tion that his transfers interfered with his ability to aid in his de-

fense.” Pet. App. 22 n.2. The Court of Criminal Appeals noted

that the argument had not been timely raised before appeal, id. at

21-22, and declined to address it, id. at 22 n.2. See also id. at 12

(dissenting opinion) (Respondent “does not argue on appeal that he

was prejudiced by the transfer back to federal custody before his

trial.”); id. at 12 n.9 (noting that “the record does not contain “evi-

dence to support” the assertion of prejudice). See also id. at 7-10

(state supreme court decision reversing without finding prejudice).

9

reasoned that, under the text of the IAD, there is no

exception for technical violations of Article IV(e).

Instead, the majority stated, the IAD unambiguously

requires that, whenever the prisoner is returned to the

sending jurisdiction before trial, any untried charges in

the receiving jurisdiction must be dismissed. Jd. at 8.

The court did not dispute that, in individual cases, a

one day trip might cause no more than “minimal inter-

ruption of the rehabilitative process.” Pet. App. 7

(quoting United States v. Sorrell, 413 F. Supp. 138

(E.D. Pa. 1976), aff’d, 562 F.2d 227 (3d Cir. 1977), cert.

denied, 436 U.S. 949 (1978)). The court concluded, how-

ever, that the IAD was not drafted to deal with “an

individual situation, but rather [to be] an agreement of

national scope.” Ibid. Given the tremendous distances

between and within States, the court continued, trans-

fers could require trips measuring hundreds of miles

and create more than minimal disruption. Jd. at 8. The

legislature could have, the court continued, “stepped

beyond the confines of the text of the compact and

included limitations in the statute expressly allowing

‘technical’ violations to occur. However, it * * * did

not do so. This Court will not interject its interpreta-

tion of what the Legislature should have done.” Jbid..

Three justices dissented, and a fourth recused herself

because she had been a member of the Court of

Criminal Appeals when that court considered the case.

Pet. App. 10-14. The dissenting justices stated that a

technical violation of the IAD does not require the

dismissal of charges with prejudice. A majority of

federal courts of appeals, they pointed out, had con-

cluded that a one-day transfer like the one at issue here

was not a material violation of the Act. Indeed, they

noted, transferring the prisoner back to the sending

institution promptly will often be more consonant with

10

the Act’s purposes, because it enables the prisoner to

participate in rehabilitation programs _ he would

otherwise miss. Id. at 12.

SUMMARY OF ARGUMENT

The Supreme Court of Alabama erroneously held

that even a technical and wholly harmless defect in a

temporary transfer under the Interstate Agreement on

Detainers requires dismissal of an indictment with

prejudice. :

A. The IAD seeks to minimize the negative impact

that detainers can have on a prisoner’s participation in

rehabilitation programs in the jurisdiction in which he

is incarcerated. Article IV(e), the anti-shuttling rule,

serves that goal by protecting “the prisoner against

endless interruption of the rehabilitation programs be-

cause of criminal proceedings in other jurisdictions.”

United States v. Roy, 830 F.2d 628, 636 (7th Cir. 1987),

cert. denied, 484 U.S. 1068 (1988). Consistent with that

purpose, the overwhelming majority of federal courts of

appeals have reached the common sense conclusion that

Article IV(e) of the IAD is not materially violated

when a prisoner’s confinement is briefly interrupted

by transfer to another jurisdiction for purposes of

arraignment if the prisoner is returned to the original

place of confinement within a day and his participation

in rehabilitation programs is unaffected. Those courts

have observed that a contrary, inflexible construction of

the statute would undermine the IAD’s express goals.

The rapid return of a prisoner to the original place

of confinement minimizes any interruption of the

prisoner’s participation in rehabilitative programs. In

contrast, requiring the prisoner to remain in what may

be lengthy custody in the receiving State would

prevent the prisoner from participating in rehabili-

-

11

tation programs at his original place of confinement,

forcing him instead to spend an extended period in a

local pre-trial detention facility where, as here, such

programs are often unavailable.

B. The Supreme Court of Alabama held that the

plain language of the IAD compelled it to require dis-

missal because of the one-day transfer of custody in this

case. In particular, that court reasoned that, because

the IAD does not contain an express exception for

“technical” or “de minimis” breaches, excusing such

errors would be tantamount to judicial legislation. Pet.

App. 8. That conclusion, however, is inconsistent with

the principle of de minimis non curat lex—“the law

cares not for trifles’—which, this Court has held, “is

part of the established background of legal principles

against which all enactments are adopted, and which all

enactments (absent contrary indication) are deemed to

accept.” Wisconsin Dep’t of Revenue v. William

Wrigley, Jr., Co., 505 U.S. 214, 231 (1992). In fact, the

reasoning adopted by the Alabama Supreme Court in

this case is virtually indistinguishable from the line of

argument this Court rejected in Wrigley. It is also

inconsistent with the similar and universally accepted

principle of criminal procedure that harmless errors—

errors that do not affect substantial rights—cannot be

noticed. Nothing in the IAD indicates that it was

meant to abrogate the well-settled de minimis principle

or the doctrine of harmless error. To the contrary,

applications of those principles in this context would be

wholly consistent with the statutory purpose of mini-

mizing, rather than exacerbating, the potentially dis-

ruptive effect that pending charges in another juris-

diction can have.

12

ARGUMENT

ARTICLE IV(e) OF THE INTERSTATE AGREE-

MENT ON DETAINERS IS NOT VIOLATED BY A

BRIEF INTERRUPTION OF CONFINEMENT THAT

DOES NOT AFFECT SUBSTANTIAL RIGHTS

In Wisconsin Department of Revenue v. William

Wrigley, Jr., Co., 505 U.S. 214, 231 (1992), this Court

held that “the venerable maxim de minimis non curat

lex (‘the law cares not for trifles’) is part of the estab-

lished background of legal principles against which

all enactments are adopted, and which all enactments

(absent contrary indication) are deemed to accept.” In

criminal procedure, the similar view that non-

prejudicial errors shall be disregarded finds expression

in the related and universally accepted principle of

harmless error, under which a conviction may not be set

aside unless the error complained of affected the defen-

dant’s substantial rights. In this case, the Supreme

Court of Alabama erroneously declined to construe

Article [V(e) of the Interstate Agreement on Detainers

in light of those background principles of law. To the

contrary, that court held that, even if the alleged

violation of the IAD is wholly trivial, causes no injury

to the substantial rights of the prisoner, and actually

benefits the interests of the prisoner that the IAD was

meant to protect, the “plain language” of Article IV(e)

requires that the harsh remedy of dismissal with pre-

judice be imposed and the criminal defendant must be

permitted to escape prosecution for his crimes. Be-

cause that result is not compelled by the statutory

language, is inconsistent with the background prin-

ciples that all federal enactments are deemed to accept,

and defeats the purposes Article [V(e) of the IAD is

13

designed to serve, this Court should reverse the judg-

ment below.

A. The Vast Majority Of Federal Courts Have Correctly

Concluded That De Minimis Transfers Do Not Offend

The IAD

The IAD seeks to minimize the negative impact that

the lodging of a detainer can have on a prisoner’s parti-

cipation in rehabilitation programs in the jurisdiction in

which he is incarcerated. In proposing the legislation

that became the IAD, the Council of State Govern-

ments observed that an inmate who has a detainer

against him often confronts great uncertainty about his

future and, as a result, “frequently does not respond to”

rehabilitation efforts. Council of State Governments,

Suggested State Legislation, Program for 1957, at 74

(1956). In addition:

[A prisoner subject to a detainer] often must be

kept in close custody, which bars him from treat-

ment such as trustyships, moderations of custody

and opportunity for transfer to farms and work

camps. * * * Instead, he often becomes embittered

with continued institutionalization and the objective

of the correctional system is defeated.

Ibid. See also Carchman v. Nash, 473 US. 716, 719-720

(1985).

The IAD was drafted to minimize such interference

with rehabilitation programs and “to encourage the

expeditious and orderly disposition of [outstanding]

charges and determination of the proper status of any

and all detainers based on untried indictments, informa-

tions, or complaints.” IAD, Art. I. To that end,

Articles IV and V of the IAD provide (among other

things) procedures for the temporary transfer of

14

custody of a prisoner from the jurisdiction where he is

incarcerated to the jurisdiction filing the detainer for

prompt resolution of the charges on which the detainer

is based. To minimize the time the prisoner must spend

away from his original place of incarceration, Article

IV(c) requires States that request temporary custody

of a prisoner for purposes of trial to begin the trial

within 120 days of obtaining custody. And Article V(e)

of the IAD requires that, “[a]t the earliest practicable

time consonant with the purposes of this agreement,

the prisoner shall be returned to the sending State.”

See also New York v. Hill, 528 U.S. 110, 118 n.3 (2000).°

To ensure that repeated transfers between juris-

dictions do not interfere with the prisoner’s partici-

pation in rehabilitation programs in the jurisdiction in

which he is incarcerated, the IAD contains the pro-

vision at issue in this case, Article IV(e), which is

known as the “anti-shuttling” provision. Article IV(e)

states:

If trial is not had on any indictment, information, or

complaint contemplated hereby prior to the pris-

oner’s being returned to the original place of

imprisonment pursuant to article V(e) hereof, such

indictment, information, or complaint shall not be of

6 In addition, under Article III(a) of the IAD, the prisoner can

demand prompt resolution of the charges underlying any detainer

lodged against him. Upon such a request, the prisoner must be

brought to trial within 180 days, subject to reasonable con-

tinuances for good cause shown in epen court in the presence of the

prisoner or his counsel. IAD, Art. III(a). Failure to try the

prisoner within the applicable statutory period requires dismissal

of the indictment, with prejudice. IAD, Art. V(c). See generally

Hill, 528 U.S. at 112. But see 18 U.S.C. App. 2, § 9(1) (providing

that, where federal charges are at issue, dismissal can be with or

without prejudice).

15

any further force or effect, and the court shall enter

an order dismissing the same with prejudice.

IAD, Art. IV(e). Article IV(e) is “meant to protect the

prisoner against endless interruption of the rehabili-

tation programs because of criminal proceedings in

other jurisdictions,” United States v. Roy, 830 F.2d 628,

636 (7th Cir. 1987), cert. denied, 484 U.S. 1068 (1988),

and “prevent[s] prisoners from being abused by the

lodging of detainers and transfer to a requesting

state unaccompanied by an intent or ability to try the

individual,” 134 Cong. Rec. 32,703 (1988). See also

United States v. Taylor, 861 F.2d 316, 319 (1st Cir.

1988) (“[T]he requirement * * +* primarily was

designed to avoid the shuttling of prisoners back and

forth between institutions in different states or in

distant parts of the same state.”).

Consistent with that purpose, the overwhelming ma-

jority of federal courts of appeals—including the First,

Second, Fifth, Sixth, Seventh, Eighth, and Ninth

Circuits—have concluded that Article IV(e) of the IAD

is not materially violated by a brief interruption in

confinement for purposes of arraignment when the

prisoner is returned to the original place of confinement

within a day and his participation in rehabilitation

programs is unaffected. Absent a material violation,

those courts hold, the sanction of dismissal with pre-

judice is improper. See United States v. Daniels, 3 F.3d

25, 27 (Ist Cir. 1993) (“[A] brief interruption in state

prison confinement for purposes of arraignment, where

the prisoner is returned to state custody the same day,

does not violate the IAD.”); United States v. Roy, 771

F.2d 54, 60 (2d Cir. 1985) (no violation necessitating dis-

missal where prisoner was out of state custody over-

night), cert. denied, 475 U.S. 1110 (1986); Sassoon v.

16

Stynchombe, 654 F.2d 371, 375 (5th Cir. 1981) (no vio-

lation when prisoner’s return to federal penitentiary,

after five day absence for arraignment, “allowed him to

participate in the extensive rehabilitative education

program available there”); United States v. Taylor, 173

- F.3d 538, 542 (6th Cir.) (“[W]e agree with the ‘common

sense’ approach applied by a majority of the circuits.”),

cert. denied, 528 U.S. 987 (1999); Roy, 830 F.2d at 636

(no violation when prisoner’s “overnight stay” in

federal custody was not a “real interruption of [his]

state incarceration and * * * he was not deprived of

any privilege at the state institution as a result”);

Baxter v. United States, 966 F.2d 387, 389 (8th Cir.

1992) (“[A]rticle I[V(e) of the IADA does not apply

when a prisoner is removed from a state prison for a

few hours to be arraigned, plead, and be sentenced in

federal court without ever being held at any other

place of imprisonment and without interrupting the

prisoner’s rehabilitation in the state prison.”); United

States v. Johnson, 953 F.2d 1167, 1171 (9th Cir.) (con-

cluding that one-day transfers did not violate the [AD

absent some injury to the prisoner’s opportunity to

participate in prison programs), cert. denied, 506 U.S.

879 (1992). See also United States v. Taylor, 947 F.2d

1002, 1004 (1st Cir. 1991) (““[W]e rely on * * * the

single day interruption of the state confinement, and

the manifest lack of injury.”), cert. denied, 504 U.S. 991

(1992).

A contrary, inflexible construction of the statute

would be at war with the IAD’s express goals. The

rapid return of a prisoner to the original place of con-

finement following a single-day absence for arraign-

ment, those courts have noted, minimizes any interrup-

tion of the prisoner’s participation in rehabilitative

programs. Roy, 830 F.2d at 636 (“one-day interruption”

17

of confinement “quite obviously ‘pose[s] no threat to a

prisoner’s rehabilitation sufficient to constitute a

violation of the Agreement’ ”); Daniels, 3 F.3d at 27

(“brief interruption in state custody poses no threat to

the prisoner’s rehabilitation efforts”). In contrast,

requiring the prisoner to remain in the custody of the

charging State—precluding his return to the original

place of confinement upon threat of dismissal—during

the sometimes lengthy period between arraignment

and trial would force the prisoner to remain in a local

pre-trial detention facility, where rehabilitation ser-

vices are often unavailable, for an extended period of

time. As one court of appeals has explained:

[If] a prisoner could not be returned safely to

his original place of imprisonment * * * , the

[receiving jurisdiction] would be forced to keep the

prisoner in its custody throughout the period

necessary for final resolution of the * * * charges;

to do otherwise would risk dismissal of the indict-

ment for technical noncompliance with the Agree-

ment. This practice would frequently result in

incarceration for several weeks or months in local

jails, often in disadvantageous ‘holdover’ status,

thereby unnecessarily interrupting the rehabili-

tation of the prisoner and bringing about the very

evil that the Agreement was enacted to prevent.

Roy, 771 F.2d at 60. Accord Taylor, 861 F.2d at 319

(“[R Jequiring the [receiving State] to retain custody of

appellant until his trial would conflict with the

Agreement’s goal that a prisoner be able to pursue his

original rehabilitation program with as little inter- -

ruption as possible.”); Sassoon, 654 F.2d at 375 (retain-

ing prisoner “for trial, rather than returning him

immediately after arraignment” would have “interfered

18

with [the prisoner’s] legitimate interest in participating

_in the program of rehabilitation in which he was en-

roiled”); Daniels, 3 F.3d at 28 (“such interruptions may

be advantageous to a defendant”).

Congress, in fact, reached precisely the same con-

clusion, and it amended the federal statutes imple-

menting the IAD to clarify Article [V(e) as a result.

Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690,

§ 7059, 102 Stat. 4403. In particular, responding to the

decisions of the two courts of appeals that had parted

company from the rest on this issue, Congress in 1988

amended 18 U.S.C. App. 2 by adding a new Section 9.

Section 9(1) provides that dismissals of federal charges

for violations of the Act can be made with or without

prejudice, depending on the circumstances. 18 U.S.C.

App. 2, § 9(1). And Section 9(2) essentially codifies the

position taken by the majority of federal courts of

appeals, declaring that “it shall not bea violation of the

agreement on detainers if prior to trial the prisoner is

returned to the custody of the sending State pursuant

to an order of the appropriate court issued after rea-

sonable notice to the prisoner and the United States

and an opportunity for a hearing.” 18 U.S.C. App. 2,

§ 9(2) (emphasis added).'

The legislative history of that amendment notes that,

when a prisoner is transferred between federal and

state authorities for a brief period, the “sanction” of

dismissal for returning the prisoner before trial “makes

7 Congress, of course, did not attempt to unilaterally amend

the IAD itself, or the various state laws adopting and imple-

menting it. As a result, 18 U.S.C. App. 2, § 9, operates only with

respect to the disposition of federal charges where a violation of

the IAD is alleged; it does not by its terms directly control the

disposition of state charges.

19

little sense,” because such a transfer often will be

within “the same state, perhaps across the street, for

trial.” 134 Cong. Rec. 32,703 (1988). If the two loca-

tions are sufficiently close and the interruption of con-

finement brief, Congress observed, permitting the

prisoner to return to the original institution of con-

finement following arraignment “is clearly not harmful

_to the prisoner and ought not to lead to the drastic

remedy of dismissal.” Jbid. To the contrary, permitting

the prisoner to continue his residence in the original

place of confinement following arraignment “frequently

is for the prisoner’s benefit” because it “may enable him

or her to resume participation in * * * rehabilitative

programs whereas, if retained in [the receiving juris-

diction’s] custody, the prisoner might have to be lodged

ina * * * jail-type institution for a protracted time

without comparable treatment or facilities.” Jbid.

The same considerations exist in this case as well.

Respondent, who was serving a multi-year sentence

in a federal penitentiary in Marianna, Florida, was

briefly placed in the custody of Covington County

officials, transported a relatively short distance (a drive

of approximately two hours) to Covington County,

Alabama, for purposes of arraignment, and then sent

back to his original place of confinement, all within a 24-

hour period. Respondent has not shown that the brief,

one-day interruption in federal custody interfered with

his participation in rehabilitative programs. And the

procedure may well have accrued to his benefit. Rather

than having to spend a month awaiting trial in a local

Covington County jail, respondent returned to the

federal facility with which he was familiar. As the trial

court observed, the transfer was “conservative of

defendant’s interest in maintaining any course of

rehabilitation available to him in federal prison,” since

20

he “certainly would not receive much rehabilitation in a

county jail.” Pet. App. 28. Indeed, respondent nowhere

claims that he would have preferred to stay in the

Covington County jail. The trial court, which was most

familiar with local conditions, noted that such a pref-

erence would be somewhat unusual. “(MJany prison

inmates,” the court explained, “don’t care to stay in our

county jail for two or three months pending trial.” /bid.

B. The Decision Below Is Inconsistent With Funda-

mental Principles Of Statutory Construction

The Supreme Court of the State of Alabama did not

disagree with the above considerations. It concluded,

however, that the result reached by the overwhelming

majority of federal courts of appeals could not be

reconciled with the IAD’s language. Under the IAD,

the court stated, any untried charges must be dismissed

with prejudice “(ilf trial is not had” on them “prior to

the prisoner’s being returned to the original place of

imprisonment.” Pet. App. 4, 8. We disagree with that

analysis of the IAD.

The Supreme Court of Alabama’s supposedly “plain

text” construction of the IAD overlooks the background

legal principle, which should be found applicable to a

compact such as the IAD, that in the absence of a

material breach of the relevant proscription, no remedy

may be imposed—de minimis non curat lex. Indeed,

one can often fairly say that, absent a material breach

and resulting injury, there has been no breach at all.

8 See, e.g., General Carbon Co. v. OSHA, 860 F.2d 479, 487

(D.C. Cir. 1988) (where violation is “de minimis,” it “means not

only that no penalty is imposed * * * but also that the violation

need not be abated”). Thus, in the law of torts, the absence of a

material injury to the plaintiff defeats any cause of action for

negligence. W. Page Keeton, Prosser and Keeton on Torts § 30, at

21

As the Court explained in Wrigley, 505 U.S. at 231, “the

venerable maxim de minimis non curat lex (‘the law

cares not for trifles’) is part of the established back-

ground of legal principles against which all enactments

are adopted, and which all enactments (absent contrary

indication) are deemed to accept.” -

The Alabama Supreme Court’s reasoning in this case

cannot be reconciled with that principle. That court

reasoned that, because the IAD does not contain an

express exception for “technical” or “de minimis”

breaches, excusing such errors would be tantamount to

judicial legislation. Pet. App. 8. But Wrigley holds

the opposite to be true: That absent an indication of

contrary intent, the maxim of de. minimis non curat

lec—that the law does not recognize insignificant

errors—is part of the “background of legal principles

against which all enactments,” including the IAD, “are

adopted, and which all enactments,” including the IAD,

“are deemed to accept.” Indeed, the reasoning adopted

by the Alabama Supreme Court in this case is virtually

indistinguishable from the line of argument this Court

rejected in Wrigley. In Wrigley, the State asserted

that the “plain language of the statute bars * * *

recognition of a de minimis exception, because” no such

exception was expressly provided for. 505 U.S. at 281.

165 (5th ed. 1984). And, in the law of contracts, one party’s failure

of performance cannot justify the dramatic remedy of excusing the

other party’s performance unless the breach is “material,” or “goes

to the root or essence of the contract.” See 2 E. Allan Farnsworth,

Farnsworth on Contracts § 8.16, at 442 (1990); 15 Richard A. Lord,

Williston on Contracts § 44:55, at 231-232 (4th ed. 2000); 4 Arthur

L. Corbin, Corbin on Contracts § 946, at 809, 811 (1951). See also

Mobil Oil Exploration.& Producing S.E., Inc. v. United States,

120 S. Ct. 2423, 2440-2441 (2000); id. at 2449 (Stevens, J., dis-

senting). ,

22

Here, the Alabama Supreme Court declined to excuse

de minimis infractions because there is no “limitation[]

in the statute expressly allowing ‘technical’ violations to

occur.” Pet. App. 8. This Court rejected the State’s

“plain language” argument in Wrigley because the

de minimis principle is deemed accepted by “every

statute” absent a contrary indication. The Court should

for the same reasons reject the Alabama Supreme

Court’s “plain language” argument here. ”

That result is particularly appropriate in light of the

fact that the rule against cognizance of non-prejudicial

defects finds universal application through the criminal

procedure doctrine of harmless error, under which

courts will not vacate or reverse convictions unless the

asserted error affected the defendant’s substantial

9 This Court has construed other federal statutes restricting

the scope of permissible government conduct, including Title III of

the Omnibus Crime Control and Safe Streets Act of 1968, 18

U.S.C. 2510 et seg.—the principal federal wiretapping statute— in

a manner consistent with that principle. For example, the Court

has rejected the contention that “every failure to comply fully with

any requirement provided in Title III would render the inter-

ception of wire or oral communications ‘unlawful’” within the

meaning of Title III so as to require the suppression of the

evidence so obtained. United States v. Donovan, 429 U.S. 413, 433

(1977) (quoting United States v. Chavez, 416 U.S. 562, 574-575

(1974)). Instead, the Court held, the exclusionary rule applies

where the requirement of Title III that was allegedly violated

serves a “substantive” and “central” role in the statutory purpose

of preventing “unwarranted use of wiretapping or electronic sur-

veillance.” Chavez, 416 U.S. at 578. See Donovan, 429 U.S. at 433-

434 (“[S]uppression is required only for a ‘failure to satisfy any of

those statutory requirements that directly and substantially

implement the congressional intention to limit the use of intercept

procedures to those situations clearly calling for the employment

of this extraordinary investigative device.’”) (quoting United

States v. Giordano, 416 U.S. 505, 527 (1974)).

23

\ rights. See Chapman v. California, 386 U.S. 18, 22

(1967) (“All 50 States have harmless-error statutes or

rules.”). The Federal Rules of Criminal Procedure, for

example, provide that “[a]ny error, defect, irregularity

or variance which does not affect substantial rights

shall be disregarded.” Fed. R. Crim. P. 52(a). See also

28 U.S.C. 2111. The Alabama Rules of Appellate Pro-

cedure similarly provide that “[n]o judgment may be

reversed or set aside * * * unless * * * the error

complained of has probably injuriously affected sub-

stantial rights of the parties.” Ala. R. App. P. 45. The

harmless error doctrine, this Court has explained, “is

essential to preserve the ‘principle that the central

purpose of a criminal trial is to decide the factual

question of the defendant’s guilt or innocence, and

promotes public respect for the criminal process by

focusing on the underlying fairness of the trial rather

than on the virtually inevitable presence of immaterial

error.’” Arizona v. Fulminante, 499 U.S. 279, 308

(1991) (quoting Delaware v. Van Arsdall, 475 U.S. 673,

681 (1986)).

Nothing in the text of the IAD or its history suggests

that it was meant to preclude application of the prin-

ciple of de minimis non curat lex, or to eliminate the

application of the related doctrine of harmless error. To

the contrary, on its face, the IAD, including Article

IV(e), is silent with respect to those doctrines. Lest

Term, this Court confronted similar silence in the IAD

with respect to the effect of waiver or forfeiture of the

speedy-trial right provided by that Act. See Hill, 528

U.S. at 114 (“No provision of the [AD prescribes the

effect of a defendant’s assent to delay on the applicable

time limits.”). In light of that silence, the Court con-

cluded that the rights provided by the IAD are, like

almost all other rights of a criminal defendant, subject

24

to waiver. Id. at 663-664."° The Court should similarly

hold that the purported violations of Article IV(e) at

_issue here, like almost all other procedural errors in the

criminal process, are subject to the de minimis prin-

ciple and thus the rule that they cannot form the basis

of relief unless they affect substantial rights."

The rule of liberal construction provided by the IAD

itself, as well as the IAD’s legislative history, both

support that result. Article IX of the IAD, which the

Alabama Supreme Court’s opinion did not mention,

states that the “agreement shall be liberally construed

so as to effectuate its purposes.” IAD, Art. IX (empha-

sis added). Construing the IAD as abrogating the de

minimis and harmless error principles would, as the

above discussion attests, undermine the IAD’s purpose.

See pp. 15-20, supra. The anti-shuttling provision is

designed to prevent transfers and re-transfers between

10 Indeed, the Court explained that, even though it was pos-

sible to draw a “negative implication” from the statutory text, that

implication was “not clear enough to constitute the ‘affirmative

indication’ required to overcome the ordinary presumption that

waiver is available.” Hill, 528 U.S. at 116.

1! That is not to say that Congress implicitly intends to exempt

from the scope of all of its criminal laws those violations that might

be argued to be “relatively trivial.” See United States v. Wells,

519 U.S. 482, 498 (1997). The question is one of the intent of the

drafters. In construing criminal laws, this Court has made clear

that “the first criterion in the interpretive hierarchy” is “a natural

reading of the full text.” Jd. at 490; see Salinas v. United States,

522 U.S. 52, 57 (1997) (“Courts_in applying criminal laws generally

must follow the plain and unambiguous meaning of statutory

language.”). In the present context, however, involving application

of a procedural regime governing prisoners who face charges in

another jurisdiction, application of the Wrigley principle is con-

sistent with the purpose of the IAD, and there is no countervailing

indication that it should not be applied. Ke

25

different States from disrupting the prisoner’s partici-

pation in rehabilitation and training programs in the

institution in which he is incarcerated. Where, as here,

the prisoner is removed from federal custody for only a

day, is transferred a relatively moderate distance for

arraignment, and promptly returned with no apparent

interruption of his participation in rehabilitative pro-

grams, the transfer poses no threat to that purpose.

The contrary rule, in contrast, would. Under it, a pris-

oner would have to be kept away—for the sometimes

lengthy period between arraignment and trial—from

the institution to which he had become accustomed and

from any training and rehabilitation programs there in

which he might be enrolled; the prisoner, moreover,

would likely end up confined in a pre-trial facility that

offers no such programs. See pp. 16-20, supra; Pet.

App. 28 (explaining that, in this case, respondent

“certainly would not receive much rehabilitation in a

county jail”). There is no warrant for reading the IAD

in a manner that is inconsistent with settled back-

ground principles, when the result is to contradict the

statute’s underlying purpose. See Roy, 771 F.2d at 60

(“Construing the Agreement to have been violated in

[such] circumstances * * *, thereby precipitating

serious interruption of rehabilitative programs, would

not comport with the requirement that the Agreement

should be ‘liberally construed so as to effectuate its

purposes.’ Art. [X.”). That is especially true where, as

here, such a construction would provide criminal defen-

dants with a windfall, a result the [AD was supposed to

avoid. See Council of State Governments, supra, at 76-

77 (agreement “gives [the defendant] no greater oppor-

tunity to escape just conviction”); S. Rep. No. 1356, 91st

Cong., 2d Sess. 2 (1970) (“The agreement gives the

26

prisoner no greater opportunity to escape a convic-

tion.”).

“Whether a particular activity is a de minimis

deviation from a prescribed standard must, of course,

be determined with reference to the purpose of the

standard.” Wrigley, 505 U.S. at 232. In this case, there

can be little doubt that any violation of the [AD was de

minimis and did not affect respondent’s “substantial

rights.” Respondent was out of the federal prison for

only a day; there is no evidence that his participation in

federal training programs was affected; and the local

Covington County, Alabama, jail where respondent

would have had to remain for the month between

arraignment and trial absent his prompt return could

offer him none of the programs and services available in

the federal facility to which he had become accustomed.

We do not mean to suggest that the de minimis prin-

ciple or harmless error rule would excuse repeated and

vexing transfers between jurisdictions, transfers be-

tween distant institutions, or return after an extended

period in the custody of the receiving State. But re-

turning a prisoner to a federal facility after an

overnight stay with the charging State not only im-

poses no injury on the prisoner, but serves his interests

and those the IAD seeks to protect. Under such

circumstances, the de minimis principle and harmless

error doctrine preclude application of the harsh sanc-

tion of dismissal with prejudice.

27

CONCLUSION

Accordingly, the judgment of the Supreme Court of

Alabama should be reversed.

Respectfully submitted,

BARBARA D. UNDERWOOD

Acting Solicitor General

JOHN C. KEENEY

Acting Assistant Attorney

General

MICHAEL R. DREEBEN

Deputy Solicitor General

JEFFREY A. LAMKEN

Assistant to the Solicitor

General

JANUARY 2001 -

Se ee

APPENDIX

1. The Compact Clause of the United States Consti-

tution, Art. 1, § 10, Cl. 3, provides:

No State shall, without the Consent of Congress,

lay any Duty of Tonnage, keep Troops, or Ships of

War in time of Peace, enter into any Agreement

or Compact with another State, or with a foreign

Power, or engage in War, unless actually invaded,

or in such imminent Danger as will not admit of

delay.

2. Section 2111 of Title 28 of the United States Code

provides:

§ 2111. Harmless error

On the hearing of any appeal or writ of certiorari

in any case, the court shall give judgment after an

examination of the record without regard to errors

or defects which do not affect the substantial rights

of the parties.

3. The Interstate Agreement on Detainers Act, Title

18 of the United States Code Appendix 2, provides as

follows:

§.1. Short title

This Act may be cited as the “Interstate Agreement

on Detainers Act”.

§ 2. Enactment into law of Interstate Agreement on

Detainers

The Interstate Agreement on Detainers is hereby

enacted into law and entered into by the United States

(la)

2a

on its own behalf and on behalf of the District of

Columbia with all jurisdictions legally joining in

substantially the following form:

“The contracting States solemnly agree that:

“ARTICLE I

“The party States find that charges outstanding

against a prisoner, detainers based on untried indict-

ments, informations, or complaints and difficulties in

securing speedy trial of persons already incarcerated

in other jurisdictions, produce uncertainties which ob-

struct programs of prisoner treatment and rehabilita-

tion. Accordingly, it is the policy of the party States

and the purpose of this agreement to encourage the

expeditious and orderly disposition of such charges and

determination of the proper status of any and all de-

tainers based on untried indictments, informations, or

complaints. The party States also find that proceedings

with reference to such charges and detainers, when

emanating from another jurisdiction, cannot properly

be had in the absence of cooperative procedures. It is

the further purpose of this agreement to provide such

cooperative procedures.

“ARTICLE II

“As used in this agreement:

“(a) ‘State’ shall mean a State of the United States;

the United States of America; a territory or possession

of the United States; the District of Columbia; the

Commonwealth of Puerto Rico.

“(b) ‘Sending State’ shall mean a State in which a

prisoner is incarcerated at the time that he initiates a

request for final disposition pursuant to article III

3a

hereof or at the time that a request for custody or

availability is initiated pursuant to article IV hereof.

“(c) ‘Receiving State’ shall mean the State in which

trial is to be had on an indictment, information, or com-

plaint pursuant to article III or article IV hereof.

“ARTICLE III

“(a) Whenever a person has entered upon a term of

imprisonment in a penal or correctional institution of a

party State, and whenever during the continuance of

the term of imprisonment there is pending in any other

party State any untried indictment, information, or

complaint on the basis of which a detainer has been

lodged against the prisoner, he shall be brought to trial

within one hundred and eighty days after he shall have

caused to be delivered to the prosecuting officer and

the appropriate court of the prosecuting officer’s juris-

diction written notice of the place of his imprisonment

and his request for a final disposition to be made of the

indictment, information, or complaint: Provided, That,

for good cause shown in open court, the prisoner or his

counsel being present, the court having jurisdiction of

the matter may grant any necessary or reasonable con-

tinuance. The request of the prisoner shall be accom-

panied by a certificate of the appropriate official having

custody of the prisoner, stating the term of commit-

ment under which the prisoner is being held, the time

already served, the time remaining to be served on the

sentence, the amount of good time earned, the time of

parole eligibility of the prisoner, and any decision of the

State parole agency relating to the prisoner.

“(b) The written notice and request for final dis-

position referred to in paragraph (a) hereof shall be

given or sent by the prisoner to the warden, com-

4a

missioner of corrections, or other official having custody

of him, who shall promptly forward it together with the

certificate to the appropriate prosecuting official and

court by registered or certified mail, return receipt

requested.

“(ec) The warden, commissioner of corrections, or

other official having custody of the prisoner shall

promptly inform him of the source and contents of any

detainer lodged against him and shall also inform him of

his right to make a request for final disposition of the

indictment, information, or complaint on which the

detainer is based.

“(d) Any request for final disposition made by a

prisoner pursuant to paragraph (a) hereof shall operate

as a request for final disposition of all untried indict-

ments, informations, or complaints on the basis of which

detainers have been lodged against the prisoner from

the State to whose prosecuting official the request for

final disposition is specifically directed. The warden,

commissioner of corrections, or other official having

custody of the prisoner shall forthwith notify all ap-

propriate prosecuting officers and courts in the several

jurisdictions within the State to which the prisoner’s

request for final disposition is being sent of the

proceeding being initiated by the prisoner. Any notifi-

cation sent pursuant to this paragraph shall be accom-

panied by copies of the prisoner’s written notice, re-

quest, and the certificate. If trial is not had on any

indictment, information, or complaint contemplated

hereby prior to the return of the prisoner to the original

place of imprisonment, such indictment, information, or

complaint shall not be of any further force or effect, and

the court shall enter an order dismissing the same with

prejudice.

5a

“(e) Any request for final disposition made by a

prisoner pursuant to paragraph (a) hereof shall also be

deemed to be a waiver of extradition with respect to

any charge or proceeding contemplated thereby or

included therein by reason of paragraph (d) hereof, and

a waiver of extradition to the receiving State to serve

any sentence there imposed upon him, after completion

of his term of imprisonment in the sending State. The

request for final disposition shall also constitute a

consent by the prisoner to the production of his body in

any court where his presence may be required in order

to effectuate the purposes of this agreement and a

further consent voluntarily to be returned to the

original place of imprisonment in accordance with the

provisions of this agreement. Nothing in this

paragraph shall prevent the imposition of a concurrent

sentence if otherwise permitted by law.

“(f) Escape from custody by the prisoner subse-

quent to his execution of the request for final dis-

position referred to in paragraph (a) hereof shall void

the request.

“ARTICLE IV

“(a) The appropriate officer of the jurisdiction in

which an untried indictment, information, or complaint

is pending shall be entitled to have a prisoner against

whom he has lodged a detainer and who is serving a

term of imprisonment in any party State made available

in accordance with article V(a) hereof upon presenta-

tion of a written request for temporary custody or

availability to the appropriate authorities of the State

in which the prisoner is incarcerated: Provided, That

the court having jurisdiction of such indictment, infor-

mation, or complaint shall have duly approved, re-

corded, and transmitted the request: And provided

6a

further, That there shall be a period of thirty days after

receipt by the appropriate authorities before the re-

quest be honored, within which period the Governor of

the sending State may disapprove the request for

temporary custody or availability, either upon his own

motion or upon motion of the prisoner.

“(b) Upon request of the officer’s written request as

provided in paragraph (a) hereof, the appropriate

authorities having the prisoner in custody shall furnish

the officer with a certificate stating the term of

_commitment under which the prisoner is being held, the

time already served, the time remaining to be served on

the sentence, the amount of good time earned, the time

of parole eligibility of the prisoner, and any decisions of

the State parole agency relating to the prisoner. Said

authorities simultaneously shall furnish all other

officers and appropriate courts in the receiving State

who has lodged detainers against the prisoner with

similar certificates and with notices informing them of

the request for custody or availability and of the rea-

sons therefor.

“(c). In respect of any proceeding made possible by

this article, trial shall be commenced within one

hundred and twenty days of the arrival of the prisoner

in the receiving State, but for good cause shown in open

court, the prisoner or his counsel being present, the

court having jurisdiction of the matter may grant any

necessary or reasonable continuance.

“(d) Nothing contained in this article shall be con-

strued to deprive any prisoner of any right which he

may have to contest the legality of his delivery as

provided in paragraph (a) hereof, but such delivery may

not be opposed or denied on the ground that the execu-

Ta

tive authority of the sending State has not affirmatively

consented to or ordered such delivery.

“(e) If trial is not had on any indictment, informa-

tion, or complaint contemplated hereby prior to the

prisoner’s being returned to the original place of im-

prisonment pursuant to article V(e) hereof, such indict-

ment, information, or complaint shall not be of any

further force or effect, and the court Shall enter an

order dismissing the same with prejudice.

“ARTICLE V

“(a) In response to a request made under article IT I

or article IV hereof, the appropriate authority in a

sending State shall offer to deliver temporary custody

of such prisoner to the appropriate authority in the

State where such indictment, information, or complaint

is pending against such person in order that speedy and

efficient prosecution may be had. If the request for

final disposition is made by the prisoner, the offer of

temporary custody shall accompany the written notice

provided for in article III of this agreement. In the

case of a Federal prisoner, the appropriate authority in

the receiving State shall be entitled to temporary

custody as provided by this agreement or to the pris-

oner’s presence in Federal custody at the place of trial,

whichever custodial arrangement may be approved by

the custodian.

“(b) The officer or other representative of a State

accepting an offer of temporary custody shall present

the following upon demand:

“(1) Proper identification and evidence of his

authority to act for the State into whose temporary

custody this prisoner is to be given.

8a

“(2) A duly certified copy of the indictment, infor-

mation, or complaint on the basis of which the detainer

has been lodged and on the basis of which the request

for temporary custody of the prisoner has been made.

“(c) Ifthe appropriate authority shall refuse or fail

to accept temporary custody of said person, or in the

event that an action on the indictment, information, or

complaint on the basis of which the detainer has been

lodged is not brought to trial within the period provided

in article III or article IV hereof, the appropriate court

of the jurisdiction where the indictment, information, or

complaint has been pending shall enter an order

dismissing the same with prejudice, and any detainer

based thereon shall cease to be of any force or effect.

“(d) The temporary custody referred to in this

agreement shall be only for the purpose of permitting

prosecution on the charge or charges contained in one

or more untried indictments, informations, or com-

plaints which form the basis of the detainer or detainers

or for prosecution on any other charge or charges

arising out of the same transaction. Except for his

attendance at court and while being transported to or

from any place at which his presence may be required,

the prisoner shall be held in a suitable jail or other

facility regularly used for persons awaiting prosecution.

“(e) At the earliest practicable time consonant with

the purposes of this agreement, the prisoner shall be

returned to the sending State.

“(f) During the continuance of temporary custody

or while the prisoner is otherwise being made available

for trial as required by this agreement, time being

served on the sentence shall continue to run but good

time shall be earned by the prisoner only if, and to the

=

9a

extent that, the law and practice of the jurisdiction

which imposed the sentence may allow.

“(g) For all purposes other than that for which

temporary custody as provided in this agreement is

exercised, the prisoner shall be deemed to remain in the

custody of and subject to the jurisdiction of the sending

State and any escape from temporary custody may be

dealt with in the same manner as an escape from the

original place of imprisonment or in any other manner

permitted by law.

“(h) From the time that a party State receives

custody of a prisoner pursuant to this agreement until

such prisoner is returned to the territory and custody

of the sending State, the State in which the one or mdre

untried indictments, informations, or complaints are

pending or in which trial is being had shall be

responsible for the prisoner and shall also pay all costs

of transporting, caring for, keeping, and returning the

prisoner. The provisions of this paragraph shall govern

unless the States concerned shall have entered into a

supplementary agreement providing for a different

allocation of costs and responsibilities as between or

among themselves. Nothing herein contained shall be

construed to alter or affect any internal relationship

among the departments, agencies, and officers of and in

the government of a party State, or between a party

State and its subdivisions, as to the payment of costs, or

responsibilities therefor.

“ARTICLE VI

“(a) In determining the duration and expiration

dates of the time periods provided in articles III and IV

of this agreement, the running of said time periods shall

be tolled whenever and for as long as the prisoner is

10a

unable to stand trial, as determined by the court having

jurisdiction of the matter.

“(b) No provision of this agreement, and no remedy

made available by this agreement shail apply to any

person who is adjudged to be mentally ill.

“ARTICLE VII

“Each State party to this agreement shall designate

an officer who, acting jointly with like officers of other

party States, shall promulgate rules and regulations to

carry out more effectively the terms and provisions of

this agreement, and who shall provide, within and

without the State, information necessary to the

effective operation of this agreement.

“ARTICLE VIII

“This agreement shall enter into full force and effect

as to a party State when such State has enacted the

same into law. A State party to this agreement may

withdraw herefrom by enacting a statute repealing the

same. However, the withdrawal of any State shall not

affect the status of any proceedings already initiated by

inmates or by State officers at the time such with-

drawal takes effect, nor shall it affect their rights in

respect thereof.

“ARTICLE [IX

“This agreement shall be liberally construed so as to

effectuate its purposes. The provisions of this agree-

ment shall be severable and if any phrase, clause,

sentence, or provision of this agreement is declared to

be contrary to the constitution of any party State or of

the United States or the applicability thereof to any

government, agency, person, or circumstance is held

invalid, the validity of the remainder of this agreement

lla

and the applicability thereof to any government,

agency, person, or circumstance shall not be affected

thereby. If this agreement shall be held contrary to the

constitution of any State party hereto, the agreement

shall remain in full force and effect as to the remaining

States and in full force and effect as to the State

affected as to all severable matters.”

§3. Definition of term “Governor” for purposes of

United States and District of Columbia

The term “Governor” as used in the agreement on

detainers shall mean with respect to the United States,

the Attorney General, and with respect to the District

of Columbia, the Mayor of the District of Columbia.

§ 4. Definition of term “appropriate court”

The term “appropriate court” as used in the agree-

ment on detainers shall mean with respect to the

United States, the courts of the United States, and with

respect to the District of Columbia, the courts of the

District of Columbia, in which indictments, informa-

tions, or complaints, for which disposition is sought, are

pending. |

§5. Enforcement and cooperation by courts, depart-

ments, agencies, officers, and employees of United

States and District of Columbia

All courts, departments, agencies, officers, and

employees of the United States and of the District of

Columbia are hereby directed to enforce the agreement

on detainers and to cooperate with one another and

with all party States in enforcing the agreement and

effectuating its purpose.

12a

§ 6. Regulations, forms, and instructions

For the United States, the Attorney General, and for

the District of Columbia, the Mayor of the District of

Columbia, shall establish such regulations, prescribe

such forms, issue such instructions, and perform such

other acts as he deems necessary for carrying out the

provisions of this Act.

§ 7. Reservation of right to alter, amend, or repeal

The right to alter, amend, or repeal this Act is

expressly reserved.

§ 8. Effective Date

This Act shall take effect on the ninetieth day after

the date of its enactment.

§ 9. Special Provisions when United States is a Re-

ceiving State

_ Notwithstanding any provision of the agreement on

detainers to the contrary, in a case in which the United

States is a receiving State—

(1) any order of a court dismissing any indict-

ment, information, or complaint may be with or

without prejudice. In determining whether to dis-

miss the case with or without prejudice, the court

shall consider, among others, each of the following

factors: The seriousness of the offense; the facts and

circumstances of the case which led to the dismissal;

and the impact of a reprosecution on the admini-

stration of the agreement on detainers and on the

administration of justice; and

(2) it shall not be a violation of the agreement

on detainers if prior to trial the prisoner is returned

13a

to the custody of the sending State pursuant to an

order of the appropriate court issued after reason-

able notice to the prisoner and the United States

and an opportunity for a hearing.

4. Federal Rule of Criminal Procedure 52 provides: |

Rule 52. Harmless Error and Plain Error |

(a) Harmless Error. Any error, defect, irregularity

or variance which does not affect substantial rights

shall be disregarded.

(b) Plain Error. Plain errors or defects affecting

substantial rights may be noticed although they were

not brought to the attention of the court.

5. Alabama Rule of Appellate Procedure 45 pro-

vides:

Rule 45.: Error without injury.

No judgment may be reversed or set aside, nor

new trial granted in any civil or criminal case on the

ground of misdirection of the jury, the giving or

refusal of special charges or the improper admission

or rejection of evidence, nor for error as to any

matter of pleading or procedure, unless in the

opinion of the court to which the appeal is taken or

application is made, after an examination of the

entire cause, it should appear that the error com-

plained of has probably injuriously affected sub-

stantial rights of the parties.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.