State v. Tarrant’s Empirical Analysis
2009
Citation profile
10
cited by 10 later decisions
2
states following
December 2019
most recently cited
10 state decisions
Relationships
Relies on Carchman v. Nash New Jersey Department of Corrections · Cooper v. Lockhart · State v. Multaler · 112 Wis. 2d 119 - State v. Riekkoff · United States v. Donaldson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We believe that the approach of the Colorado Court of Appeals best fulfills the principal purpose of the IAD and adopting that approach insures uniformity in interpretation of the IAD. See Estate of Matteson v. Matteson, 2008 WI 48 , P42, 309 Wis.2d 311 , 749 N.W.2d 557 (“The purpose of uniform laws is to establish both uniformity of statutory law and uniformity of case law construing the statutes, ensuring certainty and guidance to litigants who rely on the courts to interpret uniform statutes in a predictable and consistent manner.”). Under the Colorado interpretation of the IAD, the withdrawal of the detainer must be accompanied by the dismissal of the charges if the time limits of the IAD are to be avoided. This makes sense, because a prisoner who responds to the lodging of a detainer by filing an Inmate’s Notice of Place of Imprisonment and Request for Disposi tion of Indictments, Informations or Complaints, accompanied by a warden’s Certificate of Inmate Status, as provided for by Wis. Stat. § 976.05 (3)(a), is demanding a prompt and final disposition of the underlying charges. A final disposition can only be achieved by a trial or dismissal of the charges. It is only after the charges “have gone away” that the prisoner is no longer exposed to the detrimental effects of pending criminal charges. Applying the Colorado approach requires us to reverse Tarrant’s conviction and dismiss the charges because he was not brought to trial within 180 days of his demand for a prompt”
1 later decision quote this exact passage“The inmate is (1) deprived of an opportunity to obtain a sentence to run concurrently with the sentence being served at the time the detainer is filed; (2) classified as a maximum or close custody risk; (3) ineligible for initial assignments to less than maximum security prisons (i.e., honor farms or forestry camp work); (4) ineligible for trustee status; (5) not allowed to live in preferred living quarters such as dormitories; (6) ineligible for study-release programs or work-release programs; (7) ineligible to be transferred to preferred medium or minimum custody institutions within the correctional system, which includes the removal of any possibility of transfer to an institution more appropriate for youthful offenders; (8) not entitled to preferred prison jobs which carry higher wages and entitle those holding them to additional good time credits against their sentences; (9) inhibited by the denial of possibility of parole or any commutation of his sentence; [and] (10) caused anxiety and thus hindered in the overall rehabilitation process since he cannot take maximum advantage of his institutional opportunities.”
1 later decision quote this exact passage“to allow charges to remain pending despite a defendant’s request for speedy disposition, as occurred here, contravenes the explicit purpose of the IAD to “encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints.” Section 24-60-501, art. I.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.