Commonwealth v. Gross

This is an appeal from a summary judgment dismissing a petition filed under G. L. c. 123A to have the defendant tried to determine whether he was a sexually dangerous person under the statute. The summary judgment was based on the Commonwealth’s failure to comply with the trial motion filing timeline set forth in G. L. c. 123A, § 14(a),1 which requires that the Commonwealth’s motion for trial shall be filed within *830fourteen days of the qualified examiners’ filing of their reports with the court. However, because the failure to so file did not result in a longer detention of the defendant,…