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State v. Brown, 2007-253 (N.H. S.Ct., Jul. 31, 2008)

Sat, 08/02/2008 - 00:24 — NHCaseLaw.com
Case Information
Document Type: 
Opinion
Case name: 
State v. Brown
Date: 
Jul 31 2008
Docket Number: 
2007-253
Justice: 
Duggan, James E.
Jurisdiction: 
N.H. S.Ct.

DUGGAN, J. The defendant, Russell Brown, appeals his conviction in Superior Court (McGuire, J.) for conspiracy to sell controlled drugs, see RSA 318-B:2 (2004), :26 (Supp. 2007), arguing that the trial court erred by ruling that his speedy trial right under the Interstate Agreement on Detainers Act (IAD) had not been violated. See RSA ch. 606-A (2001). Because the defendant was not brought to trial within 180 days after the State received his request for final disposition of his charges, see RSA 606-A:1, art. III(a), we reverse and remand.
The defendant was incarcerated in Arizona when he was indicted on the charges at issue here. The State lodged a detainer against him. The defendant, pursuant to the IAD, promptly requested a speedy trial in New Hampshire. The State received the defendant’s request on September 12, 2005. The defendant’s charges were not resolved until October 27, 2006.