CASE LAW UPDATE: Whether the Minnesota Detainer’s Act was not violated?
The Minnesota Detainers Act requires the State to bring a prisoner to trial within 6 months upon request. Minn. Stat. §629.292, subd. 1. Failure to do so requires the charges to be dismissed with prejudice. The State dismissed the charges after the prisoner made the request, but re-charged the prisoner 1 year later. Prisoner also raised a speedy trial violation. The Minnesota Supreme Court held that because the criminal charges were no longer pending after the complaint was initially dismissed, the State did not violate prisoner’s rights under the Detainers Act, nor the right to a speedy trial.
State v. Mikell, A19-0732, Minnesota Supreme Court.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.