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William Scott
DAY
Spree killer
Jones, Wade, Cornelius, Jr.
The opinion of the court was delivered by: Jones
This is an appeal as of right from a judgment of the
trial court authorizing the transfer of the appellant, William Scott Day,
to the State of Arizona pursuant to the Interstate Compact on Detainers.
The appellant contends that the trial court should not have authorized
his transfer. He argues that the documents furnished by the State of
Arizona do not contain sufficient identifying information to establish
that he is the same "William Scott Day" who was charged with first
degree murder and robbery in Pima County, Arizona, on February 3, 1987.
The judgment of the trial court is affirmed.
In February of 1993, the State of Arizona sought the
temporary custody of the appellant, an inmate confined in the Department
of Correction, to try him for first degree murder and robbery. The Pima
County Attorney's Office forwarded the requisite documents required by
the Interstate Compact on Detainers. On March 3, 1993, the warden of the
institution where the appellant was confined notified him of the request
pursuant to the Compact.
The appellant filed suit in the Davidson County
Criminal Court challenging Arizona's request. The pleading filed stated
in part:
That the Request for Temporary Custody contained no
determine whether Petitioner was person the Arizona charging document
and therefore the subject of the Request for Temporary Custody.
This was the appellant's only challenge of the
Arizona documents. Thus, the sole question presented is whether a
request for temporary custody must contain sufficient information and
data to permit the Department of Correction to positively identify the
person requested as the same person that is in its custody.
The trial court gave the appellant an opportunity to
present evidence in support of his claim. The appellant voluntarily
opted to forego an evidentiary hearing. He relied exclusively upon the
documents furnished by the State of Arizona to support his claim.
The Interstate Compact on Detainers does not require
that a request for temporary custody contain information which gives a
physical description of the individual sought, a photograph of the
individual, his fingerprints, or other identifying information that
would permit the institution where the inmate is confined to positively
identify the inmate as the person sought. The only identifying
information that the Compact requires is the name of the person
requested. Consequently, the documents presented by the State of Arizona
conformed to the requirements of the Compact; and the trial court
correctly ruled that the Department of Correction was authorized to
provide Arizona with the temporary custody of the appellant so that he
can be tried for the offenses alleged in the charging instrument.