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NASH v. JEFFES

No. 83-5261.

739 F.2d 878 (1984)

Richard NASH, Appellee, v. Glen R. JEFFES, Superintendent, State Correctional Institute at Dallas, Philip S. Carchman, Mercer County Prosecutor, Appellant, State of New Jersey, Department of Corrections, Intervenor.

United States Court of Appeals, Third Circuit.

Decided July 10, 1984.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, John Burke III (argued), Asst. Deputy Public Defender, East Orange, N.J., for appellee.

Philip S. Carchman, Mercer County Prosecutor, William J. Flanagan (argued), Asst. Prosecutor, Trenton, N.J., for appellant.

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Catherine M. Brown (argued), Victoria Curtis Bramson, Deputy Attys. Gen., Trenton, N.J., for intervenor.

Before GIBBONS and BECKER, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents two questions concerning the application of the Interstate Agreement on Detainers (the "IAD").1 The first question is whether the IAD applies to a detainer based on a charge that a prisoner violated his probation. The second question is whether New Jersey, the state that filed the detainer, forfeited its right to insist on compliance with the standard procedures...

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