April 08, 2009, 09:52
Nancy N.IADA - Actual Certificate Needed?
When an inmate from another state requests the final disposition of his charges here in Texas under IADA - CCP Art. 51.14, Art. III - is there supposed to be an actual certificate from the warden/custodian of the facility where the prisoner is currently incarcerated? What does it look like? I am writing a response to an interlocutory appeal and have what the defendant sent to the DA, but there is nothing that looks official or like a certificate. And, since the defendant must strictly comply with the requirements of the IADA to be granted relief (which in this case is the dismissal of his capital murder charges), I am assuming that without the certificate, if one should exist, he is out of luck. Am I right???