Com. v. Green
| Court | Massachusetts Supreme Judicial Court |
| Writing for the Court | Before WILKINS; WILKINS |
| Citation | 353 Mass. 687,234 N.E.2d 534 |
| Decision Date | 28 February 1968 |
| Parties | COMMONWEALTH v. Theodore GREEN. |
Page 534
v.
Theodore GREEN.
Decided Feb. 28, 1968.
Ronald J. Chisholm, Boston, for defendant.
Manuel Morse, Asst. Dist. Atty., for the Commonwealth.
Before WILKINS, C.J., and SPALDING, WHITTEMORE, CUTTER and KIRK, JJ.
WILKINS, Chief Justice.
On May 16, 1952, the defendant, with others, was indicted by a Worcester County grand jury on three charges: assault with intent to rob, breaking and entering, and carrying a dangerous weapon. Verdicts of guilty were returned on all the indictments on September 9, 1952. The defendant appealed. While his appeal was pending, he escaped from the State prison at Charlestown
Page 535
on May 4, 1953. 1 On appeal the judgments were reversed [353 Mass. 688] and the verdicts set aside as to the defendant. Commonwealth v. Domanski, 332 Mass. 66, 123 N.E.2d 368 (December 21, 1954). On May 16, 1955, upon the defendant's motion, a judge of the Superior Court, after hearing, revoked the defendant's sentences, and assigned the cases for trial on October 3, 1955. At the conclusion of that hearing the defendant was taken into custody by the United States Marshal for the District of twenty-five years imposed on October prison in Charlestown until June 2, 1955, when he was transferred to the United States penitentiary at Alcatraz, California. There he was imprisoned on sentences totaling twenty--five years imposed on October 27, 1952, by the United States District Court, District of Massachusetts.On October 3, 1955, the defendant's lawyer withdrew his appearance, and three days later the district attorney of Worcester County notified the United States Attorney that he would not attempt to try the defendant at that time.
From January, 1966, till April, 1966, the defendant was a federal prisoner at the Massachusetts Correctional Institution, Walpole. In January, 1966, he was convicted in the Superior Court for the May 4, 1953, escape, and sentenced to a term of four to six years, to be served after his Federal sentence. In April, 1966, he was 'returned' 2 to the Federal penitentiary at Leavenworth. In November, 1966, the Federal authorities paroled him to the Commonwealth to serve the sentence for the escape.
The defendant filed a number of motions in the Superior Court while he was a Federal prisoner outside the Commonwealth. On December 12, 1955, he filed a motion to dismiss the indictments. This was denied on October 26, 1956. On July 22, 1958, he filed a 'motion for a speedy trial or in the alternative dismissal' of the indictments. This was heard on January 6, 1959, and denied without prejudice. On June 24, 1960, he filed another motion for speedy trial which was denied without prejudice on June 30, 1960.
[353 Mass. 689] On June 22, 1967, while in the Commonwealth, he filed a motion to dismiss the indictments 'on the ground that he was denied his constitutional right to a speedy trial.'
A judge of the Superior Court, reciting that the motion of June 22, 1967, 'raises questions of law which are both doubtful and important and require a decision'...
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Com. v. Campbell
...988, 18 L.Ed.2d 1 (1967)) and the "analogous mandate" of Article 11 of the Massachusetts Declaration of Rights. Commonwealth v. Green, 353 Mass. 687, 690, 234 N.E.2d 534 (1968). Commonwealth v. Gove, 366 Mass. 351, 356, n.6, 320 N.E.2d 900 Four basic factors must be considered in determinin......
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Com. v. Look
...993-994, 18 L.Ed.2d 1 (1967), and his analogous right under art. 11 of the Massachusetts Declaration of Rights. Commonwealth v. Green, 353 Mass. 687, 690, 234 N.E.2d 534 (1968). The analysis of this claim necessitates a balancing of four factors: [379 Mass. 898] (1) length of the delay, (2)......
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Com. v. Beckett
...See also Commonwealth v. Burhoe, --- Mass.App. ---, --- a, 337 N.E.2d 913 (1975) (thirty-eight months). In Commonwealth v. Green, 353 Mass. 687, 689-690, 234 N.E.2d 534 (1968), we concluded that prejudice was necessarily inherent where the delay was fifteen years, held that the defendant wa......
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Com. v. Gove
...93 S.Ct. 2260, 37 L.Ed.2d 56 (1973); Moore v. Arizona, 414 U.S. 25, 27, 94 S.Ct. 188, 38 L.Ed.2d 183 (1973). See Commonwealth v. Green, 353 Mass. 687, 234 N.E.2d 534 (1968). The prospect of an extension of sentence, posed by an untried charge, may subject the inmate to great stress or anxie......
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Com. v. Campbell
...988, 18 L.Ed.2d 1 (1967)) and the "analogous mandate" of Article 11 of the Massachusetts Declaration of Rights. Commonwealth v. Green, 353 Mass. 687, 690, 234 N.E.2d 534 (1968). Commonwealth v. Gove, 366 Mass. 351, 356, n.6, 320 N.E.2d 900 Four basic factors must be considered in determinin......
-
Com. v. Look
...993-994, 18 L.Ed.2d 1 (1967), and his analogous right under art. 11 of the Massachusetts Declaration of Rights. Commonwealth v. Green, 353 Mass. 687, 690, 234 N.E.2d 534 (1968). The analysis of this claim necessitates a balancing of four factors: [379 Mass. 898] (1) length of the delay, (2)......
-
Com. v. Beckett
...See also Commonwealth v. Burhoe, --- Mass.App. ---, --- a, 337 N.E.2d 913 (1975) (thirty-eight months). In Commonwealth v. Green, 353 Mass. 687, 689-690, 234 N.E.2d 534 (1968), we concluded that prejudice was necessarily inherent where the delay was fifteen years, held that the defendant wa......
-
Com. v. Gove
...93 S.Ct. 2260, 37 L.Ed.2d 56 (1973); Moore v. Arizona, 414 U.S. 25, 27, 94 S.Ct. 188, 38 L.Ed.2d 183 (1973). See Commonwealth v. Green, 353 Mass. 687, 234 N.E.2d 534 (1968). The prospect of an extension of sentence, posed by an untried charge, may subject the inmate to great stress or anxie......