Commonwealth v. Patrick

ORDER

Mr. Justice Nix, joined by Mr. Chief Justice Eagen and Mr. Justice O’Brien, filed an Opinion in Support of Remand and would remand the case for an evidentiary hearing to ascertain whether the Commonwealth had met the due diligence requirement of Criminal Procedure Rule 1100(c).

Mr. Justice Roberts, joined by Mr. Justice Manderino, filed an Opinion in Support of Discharge and would discharge the appellant, being satisfied that a Rule 1100 violation has been established on the record presently before the Court.

Mr. Justice Larsen filed a dissent wherein he would affirm the judgment of…