Com. v. Carr
| Court | Appeals Court of Massachusetts |
| Writing for the Court | Before HALE; ARMSTRONG |
| Citation | 338 N.E.2d 844,3 Mass.App.Ct. 654 |
| Decision Date | 22 December 1975 |
| Parties | COMMONWEALTH v. Lawrence E. CARR. |
Page 844
[3 Mass.App.Ct. 655]
Page 845
Martin C. Gideonse, Boston, for defendant.Kathleen M. Curry, Asst. Dist. Atty., for the Commonwealth.
Before [3 Mass.App.Ct. 654] HALE, C.J., and GOODMAN and ARMSTRONG, JJ.
[3 Mass.App.Ct. 655] ARMSTRONG, Justice.
The defendant appeals from convictions on three indictments for robberies, all of which were committed on January 21, 1974, when the defendant, having failed to return from a holiday furlough, was on escape status from a State correctional institution. The only errors assigned concern denials of the defendant's motions to dismiss the indictments for (1) violation of his right to a speedy trial under G.L. c. 277, § 72A, and (2) failure of the Commonwealth to comply with an order for particulars within the time ordered.
1. The indictments were returned on March 12, 1974, and the defendant's application for prompt trial or other disposition was filed on April 1. 1 He was arraigned on June 10. New counsel was appointed (due to a possible conflict of interest). A pretrial conference was set for June 24. Trial was set for September 16. On June 26 and July 24, various pretrial motions were filed, which were heard on August 7. Among the motions allowed was one for particulars concerning identification; they were ordered to be furnished within thirty days.
On September 16 the case was called for trial. The particulars had not yet been furnished. The docket entries indicate that the cases were continued to November 4, 1974, for trial, by agreement. On November 4, the cases were again called for trial. The Commonwealth had still not furnished the particulars. The cases were ordered held for trial until November 6, on which date the defendant filed a motion to dismiss based on the failure to furnish the particulars. [3 Mass.App.Ct. 656] The prosecutor stated that he would (and later in the day he did in fact) furnish the particulars without further delay. 2 The judge found that the Commonwealth was acting in good faith, apparently accepting the prosecutor's representation that he had tried repeatedly to obtain the information sought, and denied the motion to dismiss. A new trial date, December 4, was set, again by agreement of the parties.
On December 4, the defendant was apparently in court, ready for trial, but one Nagle, who was scheduled to be tried with the defendant, apparently was not. Nagle's counsel indicated that a plea of guilty was presently being discussed with the prosecutor. The judge, over the objection
Page 846
of the defendant, ordered the case continued for trial until January 6, 1975. On that date the defendant filed a motion to dismiss for an alleged failure to accord him the prompt trial guaranteed him by G.L. c. 277, § 72A. The motion was denied, and the cases were tried. 3There is no contention or suggestion in this case that the defendant was denied his constitutional right to a speedy trial. General Laws, c. 277, § 72A, the statute alleged to...
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Com. v. Campbell
...to the delay, Campbell waived her right to challenge that delay on appeal. Commonwealth v. Carr, --- Mass.App. ----, ---- - ---- h, 338 N.E.2d 844 (1975). Commonwealth v. Ambers, --- Mass.App. at ---- i , 357 N.E.2d 323. When that twenty-five day delay is discounted, the record shows that C......
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Barry v. Com.
...or even a right created by statute, the application of "traditional indicia of waiver of rights" is appropriate. Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656, 338 N.E.2d 844 (1975). See Commonwealth v. Davis, 367 Mass. 422, 423-424, 326 N.E.2d 17 (1975). In this context, we conclude that t......
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Com. v. Dabrieo
...see Commonwealth v. Daggett, --- Mass. ---, --- - --- m 343 N.E.2d 409 (1976); Commonwealth v. Carr, --- Mass.App. ---, --- - ---, n 338 N.E.2d 844 (1975); and Commonwealth v. Parry, --- Mass.App. --- - ---, ---, º 306 N.E.2d 855 3. The defendant next assigns as error the denial of his moti......
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Com. v. Davidson, No. 87-246
...by statute and "is not a fundamental constitutional right, we apply traditional indicia of waiver of rights." Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656, 338 N.E.2d 844 (1975), citing Commonwealth v. Davis, 367 Mass. 422, 423-424, 326 N.E.2d 17 (1975). To the same effect, see Barry v. Co......
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Com. v. Campbell
...to the delay, Campbell waived her right to challenge that delay on appeal. Commonwealth v. Carr, --- Mass.App. ----, ---- - ---- h, 338 N.E.2d 844 (1975). Commonwealth v. Ambers, --- Mass.App. at ---- i , 357 N.E.2d 323. When that twenty-five day delay is discounted, the record shows that C......
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Barry v. Com.
...or even a right created by statute, the application of "traditional indicia of waiver of rights" is appropriate. Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656, 338 N.E.2d 844 (1975). See Commonwealth v. Davis, 367 Mass. 422, 423-424, 326 N.E.2d 17 (1975). In this context, we conclude that t......
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Com. v. Dabrieo
...see Commonwealth v. Daggett, --- Mass. ---, --- - --- m 343 N.E.2d 409 (1976); Commonwealth v. Carr, --- Mass.App. ---, --- - ---, n 338 N.E.2d 844 (1975); and Commonwealth v. Parry, --- Mass.App. --- - ---, ---, º 306 N.E.2d 855 3. The defendant next assigns as error the denial of his moti......
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Com. v. Davidson, 87-246
...by statute and "is not a fundamental constitutional right, we apply traditional indicia of waiver of rights." Commonwealth v. Carr, 3 Mass.App.Ct. 654, 656, 338 N.E.2d 844 (1975), citing Commonwealth v. Davis, 367 Mass. 422, 423-424, 326 N.E.2d 17 (1975). To the same effect, see Barry v. Co......