Pethtel v. Ballard

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of certiorari.

Brief filed: 01/26/2011


Pethtel v. Ballard

United States Supreme Court; Case No. 10-8178

Prior Decision

Decision below 617 F.3d 299 (4th Cir. 2010).


Federal courts disagree whether the “anti-shuttling” provision, or even any provision, of the Interstate Agreement on Detainers (IAD) is subject to habeas corpus review. The Constitution charges the federal government with enforcement of interstate compacts such as the IAD. Federal habeasreview is appropriate because it is the only meaningful mechanism by which the IAD can be enforced against unwilling states and the only reasonable remedy for a criminal defendant whose rights under the IAD have been violated.

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Jeffrey T. Green, Bryson Bachman and William Doolittle, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwestern Univ. Supreme Court Practicum, Chicago, Ill.