Alabama v. Bozeman
| Alabama v. Bozeman | |
|---|---|
 U.S. LEXIS 4310; 69 U.S.L.W. 4465; 2001 Cal. Daily Op. Service 4735; 2001 Daily Journal DAR 5851; 2001 Colo. J. C.A.R. 2952; 14 Fla. L. Weekly Fed. S 358 | |
| Case history | |
| Prior | On writ of certiorari to the Supreme Court of Alabama |
| Holding | |
| The literal language of Article IV(e) of the Interstate Agreement on Detainers bars any further criminal proceedings when a defendant is returned to the original place of imprisonment before trial. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Breyer, joined by unanimous (parts I, II-A, II-C); Rehnquist, Stevens, O'Connor, Kennedy, Souter, Ginsburg (part II-B) |
| Laws applied | |
| 18 U.S.C. App. ยง2 | |
Alabama v. Bozeman, 533 U.S. 146 (2001), was a United States Supreme Court decision involving the prosecution of someone who was already serving a criminal sentence for a different crime in a different state.
Background
In circumstances where a state wants to get a person for prosecution who is held in another state, they would file a
Opinion of the Court
Justice Breyer explained the question as a simple issue of the exact language in the statute. He noted that it says that in circumstances like the present case, the indictment shall not be of any further force and it should be dismissed. Against pleas by Alabama that the question was technical and the violation small, Breyer replied that "[E]ven were we to assume for argument's sake that the Agreement exempts violations that...are de minimis...we could not say that the violation at issue here qualifies as trivial." The decision of the Alabama Supreme Court was affirmed, mandating a dismissal of the indictment against Bozeman in Alabama.
See also
References
External links
- Text of Alabama v. Bozeman, 533 U.S. 146 (2001) is available from: CourtListener Google Scholar Justia