We conclude the immigration detainer issued to the Lyon County Sheriff's Department merely expressed ICE's intention to seek future custody of Montes-Mata and requested notice from Lyon County prior to terminating Montes-Mata's confinement. The detainer did not, however, place a hold on Montes-Mata and he continued to be held in custody solely by reason of the instant charges.
Consequently, the immigration detainer issued by ICE did not vitiate Montes-Mata's right to be brought to trial within 90 days under K.S.A. 22-3402, and we affirm the district court's dismissal of the charges based on a violation of Montes-Mata's statutory speedy trial rights.Is this a recurrent issue?
[Update: the state filed a PR on June 29, 2009.]
[Further update: the KSC granted the state's PR on March 31, 2010. The case will likely be argued in September or October this year.]
[Further update: on June 24, 2011, the KSC affirmed the COA decision affirming Judge Wheeler. Here is the blog entry on that decision.]