Legal Opinion
FOMMONWEALTH v. McDonald
Massachusetts Appeals Court
Decided January 2, 1986PublishedCited by 12 opinions
1Opinion of the CourtKass, J.
Although Rule 36 of the Massachusetts Rules of Criminal Procedure, 378 Mass. 909 (1979), is “designed in some measure to operate mechanically,” Barry v. Commonwealth, 390 Mass. 285, 292 (1983), its application continues to disclose bugs in the machinery. Here we confront a question left open in Barry, how shall delays attributable to the pendency of pretrial motions be calculated? Barry v. Commonwealth, supra at 294-295. See also Commonwealth v. Moore, 20 Mass. App. Ct. 1, 5 n.7 (1985).
The motion in the instant case was not brought forward for hearing until ten months after it was filed. That…
2Cases cited16 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Dusky v. United StatesSupreme Court of the United States · 1960
- Commonwealth v. KaterMassachusetts Supreme Judicial Court · 1983
- Barry v. CommonwealthMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. LockleyMassachusetts Supreme Judicial Court · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. LauriaMassachusetts Supreme Judicial Court · 1991
- Commonwealth v. VasquezMassachusetts Appeals Court · 2002
- Commonwealth v. MartinMassachusetts Appeals Court · 1993
- Commonwealth v. ButlerMassachusetts Appeals Court · 2007
- Commonwealth v. McCantsMassachusetts Appeals Court · 1988
7 more not listed; retrieve them via the Exa API.