BARRY v. COMMONWEALTH


390 Mass. 285 (1983)

455 N.E.2d 437

JOSEPH A. BARRY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

October 5, 1983.


Attorney(s) appearing for the Case

Stephen Hrones for the defendant.

Linda M. Poulos, Assistant District Attorney, for the Commonwealth.

David M. Skeels, for Christos Xaros, amicus curiae, submitted a brief.

Francis X. Bellotti, Attorney General, Frederick W. Riley, Barbara A.H. Smith, & Carlo A. Obligato, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

Harvey A. Silverglate, Judith H. Mizner & Alan Dershowitz, for Barry Levin, amicus curiae, and James D. St. Clair & Robert D. Keefe, for Earle Groper, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, J.

Joseph A. Barry (the defendant) filed a motion to dismiss his indictments, claiming that he had not been brought to trial within twelve months as required by Mass. R. Crim. P. 36 (b), 378 Mass. 909 (1979). A hearing was held the next day, September 8, 1982, and a motion judge in the Superior Court denied the motion. The defendant filed a petition under G.L.c. 211, § 3, for interlocutory relief, and a single...

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