Commonwealth v. Pomerleau

The question before us on this appeal is whether, in the circumstances of this case, dismissals of three complaints without prejudice by a District Court judge, purportedly on speedy trial grounds, preclude subsequent indictments of the defendant for the same offenses. The dismissals were not on constitutional speedy trial grounds, involved no violation of statute or rule of court, and were ordered on the express understanding of the judge and all counsel that the Commonwealth would not be prevented from seeking indictments against the defendant for the same offenses. We hold that the…