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COMMONWEALTH v. GROSS

No. 05-P-326.

64 Mass. App. Ct. 829 (2005)

COMMONWEALTH v. JOSEPH H. GROSS.

Appeals Court of Massachusetts, Suffolk.

October 25, 2005.

Attorney(s) appearing for the Case

Alison R. Bancroft, Assistant District Attorney, for the Commonwealth.

Robert E. Fox for the defendant.

Present: Armstrong, C.J., Perretta, Greenberg, Beck, & Berry, JJ.

BERRY, J.

This is an appeal from a summary judgment dismissing a petition filed under G. L. c. 123A to have the defendant tried to determine whether he was a sexually dangerous person under the statute. The summary judgment was based on the Commonwealth's failure to comply with the trial motion filing timeline set forth in G. L. c. 123A, § 14(a),1 which requires that the Commonwealth's motion for trial shall be filed within...

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