JIMMIE BENTLEY V DEPT OF CORRECTIONS
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STATE OF MICHIGAN
COURT OF APPEALS
JIMMIE BENTLEY,
UNPUBLISHED
February 6, 1998
Plaintiff-Appellant,
v
No. 198209
Saginaw Circuit Court
LC No. 96-013087 AW
DEPARTMENT OF CORRECTIONS,
Defendant-Appellee.
Before: Gage, P.J., and Murphy and Reilly, JJ.
MEMORANDUM.
Plaintiff appeals by right summary disposition in favor of defendant in this mandamus
proceeding, in which plaintiff contends that a detainer lodged against him by the State of New Jersey
should be judicially nullified because New Jersey’s earlier attempt at extradition failed for want of
prompt and diligent prosecution, and that accordingly plaintiff ’s speedy trial rights have been infringed.
Plaintiff relies on Rainey v Department of Corrections, 41 Mich App 313, 317; 189 NW2d
829 (1972), where such relief was granted to a prisoner, based on a Michigan policy regarding speedy
trial, where the state which lodged the detainer, Louisiana, was not a party to the interstate agreement
on detainers. Where, as here, New Jersey is a party to that interstate compact, NJSA 2A:159 A-1 et
seq., U.S. Const, Art I, §10, cl 3, the interstate agreement on detainers requires the courts of this State
to defer to the judgment of the courts of New Jersey, and thus to require plaintiff to present any speedy
trial claims in a New Jersey forum. This is particularly appropriate where, as here, plaintiff has failed to
invoke his rights under the interstate agreement on detainers, which inter alia require him to waive
extradition, Art III(e). Edmond v Department of Corrections, 78 Mich App 196, 201; 259 NW2d
423 (1977). Summary disposition was therefore properly granted.
Affirmed.
/s/ Hilda R. Gage
/s/ William B. Murphy
/s/ Maureen Pulte Reilly
-1
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