On Point blog, page 1 of 1
COA affirms dismissal without prejudice where State did not comply with Interstate Agreement on Detainers.
State v. Larry J. Rush, 2024AP522, 10/6/26, District III (ineligible for publication); case activity
The COA affirmed the circuit court’s order dismissing three misdemeanor charges without prejudice when the State did not comply with the Interstate Agreement on Detainers.
Victim’s rights trump defendant’s right to prompt disposition of case
State v. Michael J. Leighton, 2021AP1949-cr, 3/30/22, District 2 (not recommended for publication; case activity (including briefs)
In 2018, the State charged Leighton with misdemeanor theft and fraudulent use of a credit card, both as repeaters. In 2020, he asked the DA for “prompt disposition” of his case per §971.11. Receiving no response, he moved for dismissal, which the court granted without prejudice. On appeal, he says dismissal should have been with prejudice. The court of appeals disagreed due to the victim’s rights.
Dismissal under intrastate detainer statute didn’t preclude successive charges arising out of same incident
State v. Alec D. Alford, 2020AP2072-CR, District 2, 3/23/22 (one-judge decision; ineligible for publication); case activity (including briefs)
Dismissal with prejudice for failing to comply with the time limit under the intrastate detainer statute isn’t an “acquittal on the merits” under § 939.71 and thus doesn’t bar filing new charges based on the same course of conduct.