Commonwealth v. Graham

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The Supreme Judicial Court vacated the trial judge’s grant of the motions to dismiss filed by the two defendants in these companion cases and remanded the cases for trial, holding that Defendants were not entitled to dismissals because Defendants’ right to a speedy trial under Mass. R. Crim. P. 36 had not been violated and because the judge abused his discretion in dismissing the indictments for failure to prosecute.Defendants moved to dismiss on the grounds that one year had elapsed since their arraignments. The trial judge allowed the motions to dismiss with prejudice. The Supreme Judicial Court vacated the dismissals, holding (1) because an essential witness resisted appearing at trial, the period that the trial was continued for this reason should be excluded under Rule 36(b)(2)(B) or (F), placing the Commonwealth within the time limits of the rule; and (2) the Commonwealth’s lack of diligence in producing the witness did not rise to the level that would warrant dismissal. The Court further held that time can be excluded under Rule 36 based on a defendant’s acquiescence only where the defendant has agreed to or failed to object to a continuance or other delay, and the scheduling of an event alone does not constitute delay. Where the defendant has acquiesced, a delay can be excluded under Rule 36 even where it does not affect the presumptive trial date. View "Commonwealth v. Graham" on Justia Law