Roberson v. Com

1 Citing case

  1. Smith v. Simpson

    Civil Action No. 5:06CV-P165-R (W.D. Ky. Oct. 12, 2006)

    In this case, the petitioner is arguing that the charges against him should be dismissed with prejudice prior to trial because his transfer violated Section IV(5) of the IAD. Kentucky case law indicates that the proper manner for a defendant to assert his rights under the IAD is a motion to dismiss made before the trial court, which, if denied, can be appealed in the state courts. See Roberson v. Commonwealth, 913 S.W.2d 310, 315 (Ky. 1994). Here, it does not appear as if either the petitioner or his counsel have raised the IAD issue before the trial court, and they certainly have not pursued appellate relief as related to that issue as the petitioner has not yet been tried or convicted on the charges.