Cross v. Warden

644 A.2d 542, 138 N.H. 591, 1994 N.H. LEXIS 69
CourtSupreme Court of New Hampshire
DecidedJune 27, 1994
DocketNo. 93-022
StatusPublished
Cited by9 cases

This text of 644 A.2d 542 (Cross v. Warden) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cross v. Warden, 644 A.2d 542, 138 N.H. 591, 1994 N.H. LEXIS 69 (N.H. 1994).

Opinion

BROCK, C. J.

The petitioner, Wayne F. Cross, appeals from an order of the Superior Court {Goode, J.) dismissing his petition for writ of habeas corpus, declaratory judgment, and injunctive relief. He contends that New Hampshire authorities wilfully violated the Interstate Agreement on Detainers (IAD), RSA chapter 606-A (1986), by detaining him in the State during the pendency of his appeal, effectively penalizing him for exercising his right to appeal and violating his rights to due process and equal protection under the State and Federal Constitutions. We affirm.

In late 1982, the petitioner twice robbed the Village Savings Bank in New Ipswich. Hillsborough County authorities subsequently learned that the petitioner was incarcerated at the Massachusetts Correctional Institute in Norfolk, Massachusetts. There, he was participating in alcohol abuse education and a rehabilitation program that included training as an electrician. On November 9, 1983, the petitioner availed himself of the IAD to “request for a final disposition to be made of the indictment” pending against him in New Hampshire regarding the 1982 bank robberies. See RSA 606-A:1, art. 111(a). He was thereupon transferred to the New Hampshire State Prison; on December 5,1984, he was convicted on two counts of bank robbery after nearly a year of pretrial and trial delays. After he [593]*593was sentenced to two consecutive terms of imprisonment at the New Hampshire State Prison on February 8,1985, he filed a direct appeal to this court. His convictions were affirmed on December 5, 1986, State v. Cross, 128 N.H. 732, 733, 519 A.2d 272, 273 (1986), and he was returned to Massachusetts custody approximately five days later.

In May 1992, upon the imminent completion of his Massachusetts sentence, the petitioner was transported back to the New Hampshire State Prison to serve the remainder of his New Hampshire sentences. He filed a petition for writ of habeas corpus, declaratory judgment, and injunctive relief, alleging that State authorities had wilfully breached the requirements of RSA 606-A:l, art. V(e) by not returning him to Massachusetts custody during the pendency of his direct appeal of his bank robbery convictions to this court. The trial court dismissed his petition and this appeal followed.

On an appeal from an order granting a motion to dismiss, we assume the truth of both the facts alleged in the plaintiff’s pleadings and all reasonable inferences therefrom as construed most favorably to the plaintiff. If the facts as alleged would constitute a basis for legal relief, the motion to dismiss should be denied. Collectramatic, Inc. v. Kentucky Fried Chicken Corp., 127 N.H. 318, 320, 499 A.2d 999, 1000 (1985).

All of the petitioner’s arguments stem from his claim that State authorities violated RSA 606-A:l, art. V(e). He argues that the IAD expressly requires that a prisoner “must be returned to the sending state at the earliest practicable time following trial,” and that the purpose of the IAD, “to ensure a speedy return and thus minimize disruption in the prisoner’s program of rehabilitation in the sending state,” was “eviscerated” by the violation. Accordingly, we consider whether the State violated the requirements of RSA 606-A:l, art. V(e). RSA 606-A:l, art. V(e) reads: “At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.”

“In interpreting a statute, we will ascribe to statutory words and phrases their usual and common meaning, unless the statute itself suggests otherwise.” Appeal of Campton School District, 138 N.H. 267, 269, 639 A.2d 241, 242 (1994) (quotation and brackets omitted). The usual and common meaning of “practicable” is synonymous with “possible” or “feasible”; the meaning of “consonant” is synonymous with “consistent” or “compatible.” See Webster’s Third New International Dictionary 485, 1780 (unabridged ed. 1961). [594]*594We note that the drafters of the IAD did not choose to place a specific time restriction upon the prosecuting authority here as they did in other sections of the statute. Cf. RSA 606-A:l, art. 111(a), art. IV(c).

While specific provisions of the IAD are intended to encourage the efficient administration of prisoner rehabilitation programs, other purposes of the statute provide for the cooperative administration of the interstate criminal justice system. Article I of the statute reads:

“The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.”

RSA 606-A:l, art. I (emphasis added).

We have stated that the purpose of the IAD is “to give formal recognition to the practice of honoring detainers filed by other states against prisoners confined in this state and to provide for trial here of persons serving sentences in other states prior to the expiration of their sentences there,” Allen v. Hancock, 109 N.H. 254, 255, 248 A.2d 632, 632 (1968), and “to secure the speedy trial of persons incarcerated in jurisdictions that enacted similar statutes,” Petition of Lemieux, 109 N.H. 258, 259, 248 A.2d 634, 635 (1968). See also Carchman v. Nash, 473 U.S. 716, 720, 729-32 (1985). In this case, we interpret RSA 606-A:l, art. V(e) to mean that the petitioner shall be returned to Massachusetts at the earliest possible time consistent with the expeditious and orderly disposition of the bank robbery charges against him.

The State argues that the petitioner was not returned to Massachusetts prior to the completion of his appeal because prosecuting authorities were concerned over the adequacy of his waiver of extradition between February 1985 and December 1986. Further, they were concerned that if the petitioner were returned to Massachusetts and if a successful appeal resulted in a new trial, the anti-[595]*595shuttling provisions of the IAD, see RSA 606-A:l, art. 111(d), would effect a dismissal with prejudice. The State concludes that the delay in returning the petitioner to Massachusetts was necessary for the orderly disposition of the bank robbery charges against him. We agree.

On November 9, 1983, the petitioner signed a standard form waiver in connection with his IAD request. The waiver reads, in pertinent part:

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Bluebook (online)
644 A.2d 542, 138 N.H. 591, 1994 N.H. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-warden-nh-1994.