motion to dismiss massachusetts criminal

#Motion to dismiss massachusetts criminal trial

The Superior Court judge thought dismissal of the indictment was required because it 883 ), from an order of the Superior Court which dismissed one of two indictments pending against the defendant. McCallum, Legal Assistant to the District Attorney, with him) for the Commonwealth. Henson, Assistant District Attorney (Paul J. The case was heard by Hallisey, J., on a motion to dismiss. INDICTMENT found and returned in the Superior Court Department on July 20, 1982. The defendant by an indictment charging the same offense.

#Motion to dismiss massachusetts criminal trial

Trial rights, any detrimental reliance by him on any alleged pretrialĪgreement with the prosecutor, or any double jeopardy claim, and,Ĭonsequently, the Commonwealth was not precluded from proceeding against Ī district Court judge exceeded his authority in dismissing a criminalĬomplaint 'with prejudice,' absent any denial of the defendant's speedy The dismissal was binding in the Superior Court proceedings. Had exceeded his authority in dismissing the complaint and thus whether Judge, had the authority to determine whether the District Court judge

J., CUTTER, & BROWN, JJ.Ī judge in the Superior Court, when considering a defendant's motion toĭismiss an indictment charging the same offense as that charged in aĬomplaint previously dismissed 'with prejudice' by a District Court