Criminal – Speedy trial
Where a defendant has claimed on appeal that his right to a speedy trial was violated, the appeal must fail, as the delays in prosecuting the defendant cannot be held entirely against the commonwealth.
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Where a jury convicted a defendant of indecent assault and battery on a child under 14 years of age, the conviction must be vacated on speedy trial grounds.
View ArticleCriminal – Right to speedy trial
Where a jury convicted a defendant of various crimes related to his alleged fraudulent acquisition and use of a United States passport, dismissal is required because of a violation of the Speedy Trial...
View ArticleCriminal – Speedy trial – Detention – 18 U.S.C. §3164
Where (1) an indictment was dismissed without prejudice upon the defendant’s motion and (2) the defendant was later detained a second time as he awaited trial, the district court should not have...
View ArticleCriminal – Speedy trial – Variance – Mental competency
Where a jury convicted a defendant of conspiracy to possess with intent to distribute and to unlawfully distribute Oxycodone, Oxycontin, Suboxone, Lorazepam and Ativan in violation of 21 U.S.C....
View ArticleCriminal – Speedy trial – Waiver
Where a defendant claims that his conviction on drug trafficking charges must be vacated under the Speedy Trial Act, the appeals must fail, as (1) the trial judge properly excluded from the STA...
View ArticleCriminal – Speedy trial
Where a defendant who was charged in September 1991 with a crime was eventually tried in May 2003, his right to a speedy trial was not violated.
View ArticleCriminal – Speedy trial
Where the defendant's delay in asserting his right to a speedy trial was due to the fact that he was unaware of the charge for more than 26 years, his pretrial motion to dismiss the complaint should...
View ArticleCriminal – Murder – Speedy trial
Where a defendant was convicted in 2004 of a 1974 murder, the conviction must be affirmed despite the 30-year delay between the crime and the trial.
View ArticleAppeals – G.L.c. 211, §3 – Speedy trial
Where a petitioner sought relief pursuant to G.L.c. 211, §3 after his motion to dismiss indictments on speedy trial grounds was denied, the petition has not shown that appellate relief would be...
View ArticleCriminal – Speedy trial – Sign language
Where a judge dismissed the defendant’s case on the grounds that trial delays caused by the unavailability of American Sign Language interpreters violated Mass.R.Crim.P. 36(b) and his constitutional...
View ArticleSJC must provide clarity on speedy trial rule
The Supreme Judicial Court recently heard oral arguments in a case that highlights the Catch-22 criminal defense attorneys often find themselves in: Should they insist on a client’s speedy trial...
View ArticleCriminal – Speedy trial – Restitution
Where a defendant was convicted, nearly three years after his initial arraignment, of disorderly conduct and assault by means of a dangerous weapon, he was denied a speedy trial, so a judgment of...
View ArticleCriminal – Speedy trial
Where a judge found that a defendant’s right to a speedy trial was violated, that conclusion must be reversed despite the commonwealth’s seven-year delay in filing a detainer. “In June, 2010, the...
View ArticleCriminal – Speedy trial – Discovery
Where the defendant, who was convicted of rape and assault and battery, claims (1) that he was prejudiced by the lack of a speedy trial and (2) that the commonwealth failed to provide mandatory...
View ArticleCriminal – Speedy trial – Discovery
Where a defendant has been convicted of murder in the second degree, (1) a Superior Court judge did not err in denying the defendant’s motion to dismiss for lack of a speedy trial and (2) improper...
View ArticleCriminal – Speedy trial
Where a judge dismissed an indictment without prejudice on speedy trial grounds, the defendant’s subsequent conviction must be affirmed because the judge chose the appropriate remedy for the violation....
View ArticleHabeas corpus – Speedy trial – IAD
Where a petitioner alleges a violation of the 180-day speedy trial provision of the Interstate Agreement on Detainers Act, his claim is not cognizable under 28 U.S.C. §2254 because (1) he deliberately...
View ArticleCriminal – Speedy trial
Where a defendant’s motion for a new trial was allowed in June 2012, the indictments against him must be dismissed on speedy trial grounds. “On September 30, 2011, the Defendant filed a motion for a...
View ArticleCriminal – Speedy trial
Where a defendant was convicted at a third trial on charges of mail and wire fraud, his constitutional and statutory right to a speedy trial was not violated. “We opine for the third time on the United...
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