Opinion
No. 70-722
Decided March 3, 1971.
Mandamus — Writ allowed, when — Dismissal of indictment — Failure to grant speedy trial.
IN MANDAMUS.
This is an action in mandamus originating in this court.
Relator is an inmate in a federal penitentiary. In this action he seeks to compel respondents, the "county solicitor" and the Judge of the Common Pleas Court of Highland County, to dismiss a 1964 indictment against him for carrying concealed weapons and to remove a detainer placed against him.
Relator alleges that he has been denied a speedy trial on such charge and that he has made repeated requests and demands therefor, which have been refused.
Respondents have filed no brief in this case. A letter from the prosecuting attorney states that "no proper demand for a speedy trial has ever been made by this defendant or his counsel to the Court of Common Pleas." The letter requests that "the matter be submitted to the court on the brief of the petitioner together with his exhibits." Relator has attached copies of exhibits, in the form of letters. The letters, written from 1964 on and directed to the prosecuting authorities and the Common Pleas Judge by relator and his attorney, request either a trial or dismissal of the charge for lack of prosecution.
Mr. Joseph G. Daugherty, in propria persona.
No appearance for respondent.
It is clear from the exhibits that the proper authorities have been well aware of relator's request that the charge against him be disposed of, either by trial or dismissal, and that no action has been taken thereon.
Where an inmate in a penal institution has made a diligent, good-faith effort to call to the attention of the proper authorities in another state that he desires a charge pending against him in that state disposed of, by trial or dismissal, he is entitled to have such request acted upon. The failure of the authorities to do so constitutes the denial of a speedy trial. Smith v. Hooey (1969), 393 U.S. 374.
The writ of mandamus is allowed ordering the Court of Common Pleas to dismiss the 1964 indictment against relator and to remove the detainer placed against him.
Writ allowed.
O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.