Commonwealth v. McNulty
Massachusetts Appeals Court
1Opinion of the Court
*872“Rule 29(a) requires that a defendant file his motion within sixty days after the imposition of the sentence. This sixty-day time period established in the rule is absolute and may not be extended.” Commonwealth v. Callahan, 419 Mass. 306, 308 (1995). See Clark, petitioner, 34 Mass. App. Ct. 191, 193-194 (1993). Although a judge may act upon his own motion, the action must be taken within sixty days. See Aldoupolis v. Commonwealth, 386 Mass. 260, 271, cert, denied, 459 U.S. 864 (1982). Rule 29(a) “establishes strict jurisdictional time limits for the filing of such motions,” Commonwealth v.…
2Cases cited7 opinions
- Aldoupolis v. CommonwealthMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. LayneMassachusetts Supreme Judicial Court · 1982
- United States v. Herbert AckermanCourt of Appeals for the Third Circuit · 1980
- United States v. Gary GoldenCourt of Appeals for the Third Circuit · 1988
- Commonwealth v. CallahanMassachusetts Supreme Judicial Court · 1995
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3Cited by2 opinions
- Commonwealth v. Fenton F.Massachusetts Supreme Judicial Court · 2004
- Commonwealth v. AhartMassachusetts Appeals Court · 2017