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ICE hold doesn't vitiate statutory right to speedy trial [NOT FINAL]

Patrick H. Dunn won in State v. Montes-Mata, No. 98,883 (Kan. App. May 29, 2009), affirming Judge Wheeler's dismissal of Lyon County drug charges on statutory speedy trial grounds. The issue stemmed from a decision whether an immigration hold kept a person from being held solely by reason of the pending state charges:

We conclude the immigration detainer issued to the Lyon County Sheriff's Department merely expressed ICE's intention to seek future custody of Montes-Mata and requested notice from Lyon County prior to terminating Montes-Mata's confinement. The detainer did not, however, place a hold on Montes-Mata and he continued to be held in custody solely by reason of the instant charges.

Consequently, the immigration detainer issued by ICE did not vitiate Montes-Mata's right to be brought to trial within 90 days under K.S.A. 22-3402, and we affirm the district court's dismissal of the charges based on a violation of Montes-Mata's statutory speedy trial rights.

Is this a recurrent issue?

Full post as published by Kansas Defenders on June 09, 2009 (boomark / email).