Legal Opinion

Commonwealth v. Montefusco

Massachusetts Superior Court

Decided November 22, 1999No. 9677CR33553358Published

1Opinion of the Court

van Gestel, J.

This matter is before the Court on a motion by the defendant, Vittorio Montefusco (“Montefusco”), seeking to dismiss the indictments against him for failure to provid him with a trial thereon within the time mandated by the Interstate Agreement on Detainers. Spec. L.c. SI 15 (Appendix to G.L.c. 276) (the “IAD”).

BACKGROUND

Article 111(a) of the IAD mandates that the prisoner to which it applies “shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s…

2Cases cited7 opinions

  1. Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
  2. Commonwealth v. DevereauxMassachusetts Supreme Judicial Court · 1926
  3. Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1968
  4. Commonwealth v. MartensMassachusetts Supreme Judicial Court · 1986
  5. Germain v. RaadMassachusetts Supreme Judicial Court · 1937

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