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Extradition - Waiver of IAD Violation

  • Ehren Hasz
  • Feb 13, 2001
  • 1 min read
¶8; ... we conclude that rights granted under the anti-shuttling provision of the IAD are statutory in nature and may be waived if the prisoner requests a procedure inconsistent with the statute’s provisions....¶9; Turning to the facts of this case, we conclude that Nonahal affirmatively requested to be treated in a manner contrary to WIS. STAT. § 976.05(4)(e), the anti-shuttling provision of the IAD, and that his request constituted a waiver of these rights.

Note: The U.S. Supreme Court has now applied a strict reading of the anti-shuttling provision, so that a preserved violation requires dismissal with prejudice. Alabama v. Michael H. Bozeman, 533 US 146 (2001).

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