April 21, 2019

Colorado Supreme Court: “Actual Notice” Means “Actual Knowledge” Under UMDDA

The Colorado Supreme Court issued its opinion in People v. McKimmy on Monday, October 27, 2014.

Uniform Mandatory Disposition of Detainers Act—Actual Notice.

The Supreme Court clarified the process for invoking one’s rights under the Uniform Mandatory Disposition of Detainers Act (UMDDA or Act), CRS §§ 16-14-101 to -108. Even when prisoners do not strictly comply with the UMDDA’s requirements, the Court previously determined that they invoke their rights under the Act if (1) their request substantially complies with the Act’s requirements, and (2) the prosecution receives “actual notice” of their request.

Here, the Court held that, for purposes of substantial compliance under the UMDDA, “actual notice” means “actual knowledge.” Therefore, the Court reversed the judgment of the court of appeals and remanded the case with instructions to return the case to the trial court for further fact-finding. Specifically, the trial court should determine: (1) when the prosecution gained actual knowledge of defendant’s UMDDA requests in each of his cases, at which point defendant would have effectively invoked his rights under the Act; and (2) whether any UMDDA violations subsequently occurred.

Summary and full case available here, courtesy of The Colorado Lawyer.

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