Commonwealth v. Destephano
87 A.3d 361
| Pa. Super. Ct. | 2014Background
- Destephano appeals a PCRA denial; issue is IAD speed-trial applicability after discharge.
- In 2011 he faced Cumberland County charges; while imprisoned in North Carolina he filed IAD notice and PA accepted temporary custody.
- He arrived in PA Sept 2011; bail set Nov 2011; NC sentence ended Nov 29, 2011.
- He waived and later withdrew the waiver, with trial reset; he pled guilty Aug 21, 2012.
- The PCRA court denied relief June 2013; this Court holds IAD time limits no longer apply once discharged from the sending state.
- Counsel was not ineffective for failing to move to dismiss under IAD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does IAD timing apply after discharge from the sending state? | Destephano argues limits ran; IAD applies during imprisonment. | Commonwealth contends IAD ends after discharge; PA court had jurisdiction. | IAD does not apply after discharge; PA jurisdiction affirmed. |
| Was counsel ineffective for failing to seek dismissal under IAD? | Destephano claims trial counsel should have moved to dismiss under IAD. | Commonwealth asserts no merit since IAD was not applicable. | Counsel not ineffective; IAD not applicable to bar the PA prosecution. |
Key Cases Cited
- Commonwealth v. Williams, 896 A.2d 523 (Pa. 2006) (IAD principles and prisoner status in applying timeliness)
- Merlo, 364 A.2d 391 (Pa. Super. 1976) (anti-shuttling provision and IAD timing during transfers)
- Snyder v. Sumner, 960 F.2d 1448 (9th Cir. 1992) (parole does not automatically end IAD timing clock)
- Quiroz, 612 P.2d 1328 (App. 1980) (state court; IAD applicability after discharge in another jurisdiction)
- Butler, 496 So.2d 916 (Fla. App. 1986) (IAD applies to prisoners; discharge ends applicability)
- Pristavec v. State, 496 A.2d 1036 (Del. 1985) (release during 180-day period nullifies IAD purpose)