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BIRDWELL v. SKEEN

No. 91-4561.

983 F.2d 1332 (1993)

David Andrew BIRDWELL, Petitioner-Appellee, v. Jack SKEEN, Jr., Criminal District Attorney of Smith County, Texas, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 24, 1993.

Attorney(s) appearing for the Case

Amy R. Blalock, Asst. Dist. Atty., Jack Skeen, Jr., Crim. Dist. Atty., Tyler, TX, for respondent-appellant.

Kent W. Robinson (court appointed), Andrews & Kurth, Houston, TX, for petitioner-appellee.

Before KING, JOHNSON and DUHÉ, Circuit Judges.

JOHNSON, Circuit Judge:

In May of 1986, David Birdwell, while incarcerated in a federal prison, requested expeditious adjudication of criminal charges filed against him in Smith County, Texas, under the Interstate Agreement on Detainers Act ("IADA" or "Detainers Agreement"). The State brought him to trial 197 days later. Birdwell, arguing that Texas violated the speedy trial provisions of the IADA, filed this petition for habeas corpus,1

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