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Monday, June 30, 2008

State of New Jersey v. Forrest M. Baker, Sr.

04-14-08 A-6018-05T4

Defendant, a federal inmate at the Fort Dix Correctional Facility in Wrightstown, was produced for pre-trial appearances and for trial in the Law Division by way of the judge's "order to produce." We concluded that defendant's pre-trial motion to dismiss the indictment pursuant to the "anti-shuttling" provision of the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-4, was properly denied. Because a writ of habeas corpus ad prosequendum is not a detainer for IAD purposes, the statute was not triggered and the motion was properly denied.