State v. Dickerson

777 N.W.2d 529, 2010 WL 153869
CourtCourt of Appeals of Minnesota
DecidedJanuary 19, 2010
DocketA08-2060
StatusPublished
Cited by4 cases

This text of 777 N.W.2d 529 (State v. Dickerson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dickerson, 777 N.W.2d 529, 2010 WL 153869 (Mich. Ct. App. 2010).

Opinion

777 N.W.2d 529 (2010)

STATE of Minnesota, Respondent,
v.
Carlos Darell DICKERSON, Appellant.

No. A08-2060.

Court of Appeals of Minnesota.

January 19, 2010.

*531 Lori Swanson, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; KALITOWSKI, Judge; and STAUBER, Judge.

OPINION

KALITOWSKI, Judge.

On appeal from the district court's denial of his postconviction petition, appellant Carlos Darell Dickerson contends that the district court erred by determining that: (1) the Interstate Agreement on Detainers did not apply here; and (2) appellant did not receive ineffective assistance of counsel when his attorney failed to assert the protections of the Interstate Agreement on Detainers.

FACTS

On December 15, 2006, the state charged appellant Carlos Darell Dickerson with one count of first-degree assault in violation of Minn.Stat. § 609.221, subd. 1 (2006). At the time of the assault, appellant was on federal supervised release in an unrelated case. On May 17, 2007, appellant, who was in federal custody, made his first appearance in this assault case, pursuant to a state writ of habeas corpus ad prosequendum, and was returned to federal custody. On July 30, 2007, appellant pleaded guilty to violating his federal supervised release based on the assault. The U.S. District Court for the District of Minnesota sentenced him to 24 months in prison.

On August 2, 2007, appellant again appeared in Ramsey County District Court and pleaded guilty to first-degree assault, pursuant to an agreement that he would likely be sentenced to 84 months' imprisonment, a downward durational departure. After entering his plea, appellant was returned to federal custody to complete his prison term. On August 28, 2008, after appellant had completed his federal prison sentence, he appeared in Ramsey County District Court and was sentenced to 84 months in prison.

Appellant filed a notice of appeal with this court on November 25, 2008, then moved to stay the appeal and remand the matter to the district court for postconviction proceedings. In his postconviction petition, appellant asserted that his counsel for the previous proceedings provided him with ineffective assistance by failing to assert appellant's rights under the Interstate Agreement on Detainers (IAD) and move to dismiss the charges for the state's violation of the IAD. On May 11, 2009, the postconviction court filed an order denying appellant's petition for relief, concluding that (1) because a writ of habeas corpus ad prosequendum is not a detainer for purposes of the IAD, appellant was not entitled to IAD protections; and (2) appellant's attorney did not provide ineffective assistance of counsel by not advancing IAD arguments.

ISSUES

1. Did the postconviction court err in concluding that the IAD did not apply?

2. Did appellant receive ineffective assistance of counsel?

ANALYSIS

I.

The construction of the IAD as codified in the Minnesota Statutes is a question *532 of law that this court reviews de novo. State v. Burks, 631 N.W.2d 411, 412 (Minn. App.2001). The IAD is a compact among 48 states and the United States to establish procedures for resolving one state's outstanding criminal charges against a prisoner of another state, the District of Columbia, or the United States. State v. Wells, 638 N.W.2d 456, 459 (Minn.App. 2002), review denied (Minn. Mar. 19, 2002). Minnesota is a party to the compact and has codified it in its statutes. See Minn. Stat. § 629.294 (2008).

The purpose of the IAD is to encourage the expeditious and orderly disposition of outstanding charges pending in another state so that prisoner-rehabilitation programs will not be disrupted or unavailable because of the untried charges. Id., subd.1, Art. I. Article IV of the IAD gives party-states (including the federal government) the right to obtain custody of a prisoner in another party-state's jurisdiction, to resolve an untried complaint. Alabama v. Bozeman, 533 U.S. 146, 150, 121 S.Ct. 2079, 2083, 150 L.Ed.2d 188 (2001). The IAD provides that a requesting state is entitled to obtain custody of a prisoner "against whom [it] has lodged a detainer and who is serving a term of imprisonment in any party state...." Minn.Stat. § 629.294, subd. 1, Art. IV(a). Thus, the IAD only applies to appellant if Minnesota filed a "detainer" to request custody of appellant. See United States v. Mauro, 436 U.S. 340, 364 n. 30, 98 S.Ct. 1834, 1849 n. 30, 56 L.Ed.2d 329 (1978).

The IAD is a congressionally sanctioned interstate compact, and thus is a federal law subject to federal construction. See Carchman v. Nash, 473 U.S. 716, 719, 105 S.Ct. 3401, 3403, 87 L.Ed.2d 516 (1985). Although states interpret and apply IAD provisions, they are constrained by United States Supreme Court cases that address the same issues. Wells, 638 N.W.2d at 459.

United States Supreme Court Precedent

In United States v. Mauro, the Supreme Court specifically held that "a writ of habeas corpus ad prosequendum is not a detainer for purposes of the Agreement." 436 U.S. at 361, 98 S.Ct. at 1848. The Court concluded that because writs ad prosequendum are immediately executed, they do not give rise to the problems of lengthy duration of outstanding charges against a defendant that the IAD seeks to address. Id. at 360-61, 98 S.Ct. at 1847. Thus, the protections of the IAD are not invoked when no detainer is filed. See id. at 364 n. 30, 98 S.Ct. at 1849 n. 30 ("It is only when [a party to the IAD] does file a detainer that it becomes bound by the Agreement's provisions").

Appellant argues that Mauro does not control here because the Mauro Court was addressing a federally issued writ that the state was required to honor, based on the Supremacy Clause of the Constitution. In contrast, appellant contends that here, the federal government had no formal obligation to honor the state-issued writ, and that the IAD is the only means by which a state is entitled to obtain custody of an out-of-state prisoner. Thus, appellant argues, the Mauro holding only applies to federally issued writs that do not give rise to the enforceability issues the IAD seeks to address. We disagree.

Although the IAD does not define a detainer, the Mauro Court cites the congressional record, which provides that "`[a] detainer is a notification filed with the institution in which a prisoner is serving a sentence, advising that he is wanted to face pending criminal charges in another jurisdiction.'" Id. at 359, 98 S.Ct. at 1846 (alteration in original) (quoting H.R.Rep. No. 91-1018, p. 2 (1970)). More *533

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Cite This Page — Counsel Stack

Bluebook (online)
777 N.W.2d 529, 2010 WL 153869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dickerson-minnctapp-2010.