Carchman v. Nash

473 U.S. 716 (1985)

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Nature of the Case

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Facts

Nash (D) plead guilty to charges of breaking and entering with intent to rape and assault and an assault with intent to rape. D was sentenced to 18 months in prison in New Jersey. The court suspended the sentences and imposed a 2-year probation to follow respondent’s imprisonment. While on probation, D was arrested in Pennsylvania and charged with burglary, involuntary deviate sexual intercourse and loitering. D was tried and convicted and sentenced. While awaiting trial, D was notified that he had violated his probation in New Jersey and a bench warrant was issued for his arrest. That warrant was lodged as a detainer with correction officials in Pennsylvania. D then sent a series of letters to New Jersey officials requesting final disposition of the probation violation charge. New Jersey failed to bring respondent to trial on the probation violation charge within 180 days after Article III of the Interstate Agreement on Detainers was invoked by D. The District Court granted a petition for a writ of habeas corpus and vacated the probation revocation and ordered D's release from custody. Carchman (P) the Mercer County Prosecutor took an appeal. The court of appeals affirmed holding that an outstanding probation violation charge was an untried indictment, information or complaint within the meaning of Article III. P appealed.