People v. McKimmy

2014 CO 76, 338 P.3d 333, 2014 WL 5422206
CourtSupreme Court of Colorado
DecidedOctober 27, 2014
DocketSupreme Court Case 13SC702
StatusPublished
Cited by13 cases

This text of 2014 CO 76 (People v. McKimmy) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. McKimmy, 2014 CO 76, 338 P.3d 333, 2014 WL 5422206 (Colo. 2014).

Opinions

CHIEF JUSTICE RICE

delivered the Opinion of the Court.

T1 This case requires us to clarify the process for invoking one's rights under the Uniform Mandatory Disposition of Detainers Act ("the UMDDA" or "the Act"), §§ 16-14 101 to -108, C.R.S. (2014). When prisoners strictly comply with the UMDDA's procedural requirements, the Act mandates that they be brought to trial on pending charges within 182 days of their request. §§ 16-14-102(1), 16-14-104(1), C.R.S. (2014). Even when prisoners do not strictly comply with the UMDDA's requirements, we have previously determined that they nevertheless invoke their rights under the Act if (1) their request substantially complies with the Act's requirements, and (2) the prosecution receives "actual notice" of their request. See People v. Mascarenas, 666 P.2d 101, 106 (Colo.1983). In this case, the defendant did not strictly comply with the Act; rather, he attempted to invoke his UMDDA rights by mailing multiple letters to the prosecution and the trial court. But, while the prosecution received the defendant's initial requests, it failed to actually become aware of them until well later in the proceedings. We therefore must resolve, as an issue of first impression, whether the prosecution's receipt of such a letter constitutes "actual notice" sufficient to invoke a prisoner's rights under the UMD-DA.1

{2 We conclude that it does not. Rather, we hold that, for purposes of substantial compliance under the UMDDA, "actual notice" means "actual knowledge." In this case, because the record is unclear as to precisely when the prosecution gained actual [335]*335knowledge of the defendant's various UMD-DA requests, we cannot determine whether any UMDDA violations occurred. Therefore, we reverse the judgment of the court of appeals and remand with instructions to return the case to the trial court for further fact-finding. Specifically, the trial court should determine: (1) when the prosecution gained actual knowledge of the defendant's UMDDA requests in each of his cases, at which point the defendant would have effectively invoked his rights under the Act; and (2) whether any UMDDA violations subsequently occurred.

I. Facts and Procedural History

T3 In September 2007, Respondent Michael Joseph McKimmy was arrested for new offenses while on parole and was incarcerated in the Jefferson County Jail. The People charged McKimmy, in two separate cases, with second-degree burglary, theft, identity theft, and a habitual burglary offender count; these cases are numbered OTCR2686 and OTCR3264. In 2008, the People filed complaints against McKimmy in two new cases, including charges for second-degree burglary, theft, identity theft, aggravated motor vehicle theft, and criminal mischief; these cases are numbered 08CR543 and O8CRS552.

T 4 On November 20, 2007, unbeknownst to his public defender, McKimmy sent a pro-se letter in case OTCR2686 to the Chief Judge of the Jefferson County Court, in which he "formally request[ed] protection under the Uniform Mandatory Disposition of Detainers Act." In the letter's footer, McKimmy wrote, "CC: Deputy District Attorney [Prosecutor Name]." Seven days later, McKimmy sent a similar pro-se letter in case OTCRS264. As for the 2008 cases, on March 5, 2008, McKim-my sent a similar letter in O8CRS552; he did the same two days later in O8CR5483. Thus, in all four cases, McKimmy sent pro-se letters without his attorney's knowledge to Jefferson County's Chief Judge formally requesting the protections of the UMDDA, and all four letters included a footer purporting to copy the letter to the prosecutor of that particular case.

I 5 Neither the trial court nor the prosecution, however, initially became aware of McKimmy's requests in the 2007 cases. The trial court ignored the letters without reading them pursuant to its policy of refusing to acknowledge pro-se letters sent by represented parties, while the prosecution received the 2007 letters but inadvertently misfiled them. Crucially, the record is inconclusive whether the prosecution became immediately aware of the 2008 letters when McKimmy sent them in March 2008.

16 On February 4, 2008, McKimmy pled not guilty in the 2007 cases, and at a subsequent status conference in March 2008, the trial court discussed potential trial dates with the parties. At this point, McKimmy insisted that he did not wish to waive his "speedy trial rights"; however, he never mentioned the UMDDA specifically. The trial court, under the impression that McKimmy was referring to his rights as defined in section 18-1-405(1), C.R.S. (2014),2 made certain that the trial dates fell within six months from the date of MeKimmy's not-guilty pleas, and it set the trials for July 2008. On May 27, 2008, the process repeated itself for the 2008 cases: McKimmy pled not guilty (rejecting the People's global plea offer for all four cases) and requested that "the Court be certain that we set these [trials] within my speedy trial time frame," at which point the court set the 2008 cases for trial in October 2008. Again, MeKimmy made no reference to his UMDDA requests.

T7 Thereafter, McKimmy alleged a conflict of interest with his public defender, and a different trial judge held a conflict hearing in June 2008. During that hearing, McKim-my stated that he had "been trying from day one to assert my speedy trial rights" but that [336]*336his public defender had refused to file a "motion to dismiss on jurisdictional grounds." When the judge pressed him on the particulars of these jurisdictional grounds, MeKim-my said that "I don't want to misspeak or misstate anything," but he reiterated that "it's my belief that my speedy trial rights have been violated already and the time limits [have] expired and there is no jurisdiction." The judge then explained that "[sJpeedy trial runs from the time you enter your plea" and that, because six months had not yet elapsed from the date of McKimmy's not-guilty pleas, no speedy trial violation had occurred. Ultimately, the judge found a conflict for other reasons and appointed alternate defense counsel. At no point during this hearing did MceKimmy mention the UMDDA.

T8 During July and August 2008,3 McKim-my appeared before the trial court for numerous status conferences. At one such conference, McKimmy again requested that the trial judge "please help me assert the speedy trial [right] to have [the trials] set in the proper time frame," and the judge responded, "Absolutely.... I try to guard your rights on that ... carefully." Notwithstanding his repeated concerns regarding "speedy trial," McKimmy never mentioned the UMD-DA at any of these conferences.

T9 Finally, during a scheduling hearing for all four cases on September 9, 2008, McKim-my invoked the UMDDA by name. Specifically, McKimmy's counsel told the court that McKimmy had recently informed her that he had "a longstanding issue about the propriety of any of these cases going forward due to violation of his speedy trial rights under the Uniform Mandatory Disposition of De-tainers Act." McKimmy and the trial judge then engaged in a colloquy, and MceKimmy stated that he had previously "filed a formal request for speedy disposition." The trial judge said that such requests were "not in the court file," and she asked the prosecutor if he was familiar with them. The prosecutor responded, "I have a lot of handwritten things from Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 CO 76, 338 P.3d 333, 2014 WL 5422206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mckimmy-colo-2014.