State v. Shepard
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The Supreme Judicial Court affirmed Defendant's conviction for gross sexual assault and sexual misconduct with a child under twelve years of age, holding that the trial court did not err or abuse its discretion in denying Defendant's motion to dismiss the indictment based on an alleged violation of the Interstate Compact on Detainers, Me. Rev. Stat. 34-A, 9601-9636.
Defendant pleaded guilty in federal court in New York to possession of child pornography. Thereafter, the state of Maine lodged a detainer against Defendant seeking to have him brought to trial on charges against him for gross sexual assault and sexual misconduct with a child under twelve years of age. Defendant was delivered to Maine and arraigned. In light of restrictions brought on by the COVID-19 pandemic, the State filed a motion to extend the time to bring Defendant to trial for "good cause" under Me. Rev. Stat. 34-A 9603. Defendant objected and moved to dismiss the charges. The trial court granted the State's motion and denied Defendant's motion. The Supreme Court affirmed, holding that the State met its burden of showing that good cause existed for an extension of time.
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