Criminal: BRYANT V. COM. (SC 8/24/2006)

BRYANT V. COM.
CRIMINAL:  IAD (Interstate agreement on detainers)
2005-SC-000194-TG.pdf
TO BE PUBLISHED
AFFIRMING; ROACH
DATE RENDERED 8/24/2006

Following conditional pleas to robbery and assault, SC rejected Defendant’s claim that the charges against him should have been dismissed because he was not brought to trial within 180 days following his request for final disposition of his indictment in accordance with the Interstate Agreement on Detainers ("IAD"), KRS 440.450.  The trial court conducted a hearing on Defendant’s motion to dismiss prior to trial and specifically found that his disposition request was never delivered to either the Caldwell County Commonwealth’s Attorney or to the Caldwell Circuit Court. As such, the 180-day time limit imposed by the IAD never began to run because neither the prosecutor nor the court was ever informed of Defendant’s request for disposition of the charges.

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