Commonwealth v. Prudish

GARDNER, P.J.,

On October 23, 1981, we granted defendant, Michael B. Prudish, the right to file nunc pro tunc post-trial motions. In response, defendant filed a “Motion for Dismissal or, in the Alternative, for a New Trial” alleging the abridgement of his “constitutional right to a speedy trial”1 under the provisions of Pa.R.Crim.P. 1100.2

Excellent and comprehensive briefs were submitted by counsel.

In support of these motions, defendant asserts that judicial delay is by itself insufficient reason for an extension; that there must be a showing of due diligence by the Commonwealth.

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