Commonwealth v. Graham

**517 Rule 36 of the Massachusetts Rules of Criminal Procedure, as amended, 422 Mass. 1503 (1996) ( rule 36 ), provides that, if a criminal defendant is not tried "within twelve months" after arraignment, "he shall be entitled upon motion to a dismissal of the charges." Mass. R. Crim. P. 36 (b) (1) (C). A defendant may establish *587 a prima facie violation of rule 36 by demonstrating that more than twelve months have elapsed between arraignment and trial. See Commonwealth v. Denehy , 466 Mass. 723 , 729, 2 N.E.3d 161 (2014). The burden then shifts to the Commonwealth to justify the delay, either…