People v. Swanson

The State appealed from a circuit court order dismissing the charges against the defendant, arguing that it did not violate the anti-shuttling provision of section 3-8-9 of the Interstate Agreement on Detainers because defendant’s action of seeking credit against his bond caused his release and return to custody in the state of Iowa. The appellate court affirmed, concluding that defendant was returned prior to trial to the state of Iowa through no fault of his own and that the charges against him were required to be dismissed with prejudice under the interstate agreement. (HOLDRIDGE and BRENNAN, concurring)