Ricketts v. Adamson Page 19

Ricketts v. Adamson general information

Media for Ricketts v. Adamson

Audio Transcription for Oral Argument - April 01, 1987 in Ricketts v. Adamson

John Paul Stevens:

It does say... one could read this agreement to indicate that the parties thought that at the time he was transferred from the Sheriff's custody to prison or wherever he was transferred that he would not get that transfer until he had fully performed his testimonial obligation?

It is certainly a permissible reading, isn't it?

William J. Schafer, III:

--Your Honor, I hearken back then to the Arizona Supreme Court findings.

I believe there is no question in their opinion, and this was specifically argued at the oral argument before the Arizona Supreme Court, the paragraph 8.

They said, and I quote to you... this is from page 113...

"if item 8 specifically appears to limit the availability of the petitioner for additional testimony, the foregoing exchange. "

--and that was the exchange at the sentencing itself about he has to come back--

John Paul Stevens:

But what did they say about paragraph 18?

William J. Schafer, III:

--They do not discuss paragraph 18.

John Paul Stevens:

Because it does say he is to remain in the Sheriff's custody until the conclusion of his testimony in all of the cases in which the defendant agrees to testify as a result of this agreement.

William J. Schafer, III:

Yes.

John Paul Stevens:

So, does not that contemplate his transfer will not occur until he has performed his testimonial obligation?

William J. Schafer, III:

Well, I think a reasonable reading of that provision is that simply when he is sentenced he is going to go into federal custody.

There was a reason for the federal custody.

No, and I don't think a reasonable reading of that would be that his obligation is totally finished.

It is much like the paragraph number 8, which says he will be sentenced at the completion of his testimony in these cases.

That is what the Arizona Supreme Court was referring to as I was going to quote on page 113.

William H. Rehnquist:

Thank you, Mr. Schafer.

The case is submitted.