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Pablo Javier Aleman v. Maryland

Paid petition · Court of Appeals of Maryland, No. 60, September Term, 2019 · judgment June 30, 2020


Certiorari denied · November 2, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Under the Interstate Agreement on Detainers (“IAD”), MD. CODE ANN., CORR. SERVS. § 8-401 et seq., does the receiving state have the authority to commit a person for treatment after the person pleads guilty to a crime but is found to be not criminally responsible, or does Article V of the IAD, MD. CODE ANN., CORR. SERVS. § 8-407, which provides, in part, that “[t]he temporary custody referred to in this Agreement shall be only for the purpose of permitting prosecution on the charge,” require the receiving state to return the person to the sending state to complete his sentence?

  2. Under the IAD, is a person who is found not criminally responsible in the receiving state “adjudged to be mentally ill” within the meaning of Article VI(b) of the IAD, MD. CODE ANN., CORR. SERVS. § 8-408(b), which provides that “[n]o provision of this Agreement, and no remedy made available by this Agreement, shall apply to any person who is adjudged to be mentally ill,” such that the IAD does not require that the person be returned to the sending state to complete his sentence?

Counsel of record

For petitioner
Brian Louis Zavin
State of Maryland Office of the Public Defender

For respondent
Carrie J. Williams
Goodell DeVries Leech & Dann

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 07 2020
    DISTRIBUTED for Conference of 10/30/2020.
  3. Oct 05 2020
    Waiver of right of respondent Maryland to respond filed.
  4. Sep 25 2020
    Petition for a writ of certiorari filed. (Response due November 2, 2020)