State v. Brown
377 S.W.3d 619
| Mo. Ct. App. | 2012Background
- Missouri appeals dismissal of a felony second-degree domestic assault against Brown under UMDDL.
- Warrant for Brown’s arrest issued Aug 3, 2009; DOC received warrant Aug 4, 2009 and lodged a detainer.
- DOC notified Henry County would be informed before Brown’s release; Brown requested final disposition on Sep 8, 2009.
- State did not prosecute within 180 days of Brown’s request; Brown released on parole in Nov 2010 and picked up on detainer.
- Circuit court dismissed, holding amended UMDDL version (Aug 28, 2009) not in effect at the time; prior version required only a detainer.
- On appeal, the court held the detainer existed when the warrant was faxed and the prior version applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which UMDDL version applies | State argues amended §217.450.1 applies. | Brown argues prior version governs. | Amended version not applicable; prior version controls. |
| Existence of a detainer when warrant was faxed | State contends no valid detainer shown under amended or prior rules. | Brown shows DOC receipt of warrant constituted a detainer. | Detainer existed via faxed warrant to DOC. |
| Notice and request sufficiency for detainer | State argues insufficient proof of formal detainer under amended rules. | Brown properly notified court and prosecutor of disposition request. | Detainer notice requirements satisfied;Brown entitled to UMDDL relief under prior law. |
Key Cases Cited
- State v. Sharp, 841 S.W.3d 834 (Mo.App.2011) (speedy-trial protections trigger based on detainer lodging date)
- State v. Taylor, 298 S.W.3d 482 (Mo. banc 2009) (speedy-trial dismissal period tied to disposition request)
- Greene v. State, 332 S.W.3d 239 (Mo.App.2010) (mere knowledge of a warrant insufficient without notice/detainer)