Commonwealth v. McCants

Once again we grapple with application of Mass.R.Crim.P. 36, 378 Mass. 909 (1979). See Commonwealth v. Moore, ante 1. The rule bears the title “Case Management” and is commonly referred to as the “speedy trial rule. ”

In the instant case, the problem involves delays sought or agreed to by defense counsel, but not expressly authorized by the defendant. Should such delays be excluded in calculating the time limit for bringing an accused to trial under the rule? If the answer is “yes,” the indictments 1 against the defendant, McCants, were wrongly dismissed. We think those delays are excludable…