Commonwealth v. Mandile
Massachusetts Appeals Court
1Opinion of the CourtDreben, J.
The question before us is whether the Commonwealth’s motion for reconsideration of an order of a District Court judge dismissing a complaint with prejudice was timely when brought eighty-seven days after entry of that order. We hold that the motion was not timely, and that, in the absence of a showing by the Commonwealth of extenuating circumstances for the delay, it was error for the judge to reinstate the complaint.
The facts as to the pretrial proceedings are not in dispute. On August 4,1980, a complaint was filed in the Framingham District Court charging the defendant with larceny of…
2Cases cited41 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. BenzSupreme Court of the United States · 1931
- United States v. DieterSupreme Court of the United States · 1976
- United States v. HealySupreme Court of the United States · 1964
- United States v. Patricia Campbell HearstCourt of Appeals for the Ninth Circuit · 1977
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3Cited by11 opinions
- Commonwealth v. Lam Hue ToMassachusetts Supreme Judicial Court · 1984
- Commonwealth v. PowersMassachusetts Appeals Court · 1986
- Commonwealth v. BalboniMassachusetts Supreme Judicial Court · 1994
- Commonwealth v. DownsMassachusetts Appeals Court · 1991
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 2014
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