State v. Black

142 Ohio St. 3d 332 (Ohio 2015) · Supreme Court of Ohio · February 19, 2015

Summary

The Ohio Supreme Court held that the phrase "penal or correctional institution of a party state" in the Interstate Agreement on Detainers, codified at Ohio Revised Code 2963.30, includes county jails as well as state prisons and correctional facilities. The court affirmed the Fifth District Court of Appeals and rejected the contrary interpretation adopted by the Eighth District. The decision addressed whether the IAD's speedy-disposition provisions applied to James Black while he was serving a sentence in a Maryland county jail.

Holdings

  1. The phrase "penal or correctional institution of a party state" in R.C. 2963.30 includes a county jail as well as a state prison or correctional facility.
  2. The IAD applies to a prisoner serving a sentence in a county jail, so long as the prisoner has begun serving the sentence.

Questions Presented

  1. Whether the phrase "penal or correctional institution of a party state" in Article III of the Interstate Agreement on Detainers, codified at R.C. 2963.30, includes a county jail.
  2. Whether the IAD applies to a prisoner who has begun serving a sentence in a county jail rather than a state prison or correctional facility.

Disposition

affirmed

Cases Cited (21)

  • Cuyler v. Adams, 449 U.S. 433, 101 S.Ct. 703, 66 L.Ed.2d 641 (1981)(followed)
  • United States v. Mauro, 436 U.S. 340, 98 S.Ct. 1834, 56 L.Ed.2d 329 (1978)(followed)
  • Carchman v. Nash, 473 U.S. 716, 105 S.Ct. 3401, 87 L.Ed.2d 516 (1985)(followed)
  • United States v. Palmer, 574 F.2d 164 (3d Cir. 1978)(followed)
  • United States v. Taylor, 173 F.3d 538 (6th Cir. 1999)(distinguished)
  • State v. Wyer, 8th Dist. Cuyahoga No. 82962, 2003-Ohio-6926, 2003 WL 22976573(rejected)
  • Escalanti v. Maricopa Cty. Superior Ct., 165 Ariz. 385, 799 P.2d 5 (App. 1990)(followed)
  • State v. Breen, 126 Idaho 305, 882 P.2d 472 (App. 1994)(disapproved)
  • State v. Wade, 105 Nev. 206, 772 P.2d 1291 (1989)(disapproved)
  • Dorsey v. State, 490 N.E.2d 260 (Ind. 1986)(disapproved)

Showing top 10 of 21.

Cited In (0)

No citing cases on record yet.

Download CaseDownload Case DataDownload Case and DataDownload AI Instructions

Court Document

Open PDF
Loading document…

More from Ohio Supreme Court