Commonwealth v. Dirico

In this appeal from the denial of a motion for reconsideration of the denial of Defendant’s motion to dismiss for lack of a speedy trial, the Supreme Judicial Court held that Defendant’s statutory and constitutional rights to a speedy trial were not violated.The Supreme Judicial Court affirmed Defendant’s convictions, holding (1) the discovery that Defendant characterized as “mandatory” and argued was untimely provided to him was not mandatory discovery; (2) even if it did constitute mandatory discovery, a defendant who does not want the speedy trial clock to be tolled where a scheduled event is continued because of the Commonwealth’s delay in providing mandatory discovery must, under Mass. R. Crim. P. 14(a)(1)(C), move to compel the production of that discovery or move for sanctions, which Defendant failed to do; (3) a criminal defendant who moves to dismiss for lack of a speedy trial on the basis that his right to a speedy trial under Rule 36 and the United States and Massachusetts Constitutions was violated, is entitled to review of such constitutional claims even where his Rule 36 claim is denied. View "Commonwealth v. Dirico" on Justia Law