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· 10/5/1983

Barry v. Commonwealth

Citations

  • 455 N.E.2d 437
  • 390 Mass. 285
  • 1983 Mass. LEXIS 1683

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • single justice reserved and reported the case; court not required to decide whether case properly before it under G. L. c. 211, § 3
  • appellate court may “affirm a ruling below on a ground not relied upon by the judge”
  • appellate court is “in as good a position as the judge below to determine whether the time limits imposed by the rule have run”
  • the filing of a motion to dismiss under rule 36 “tolls the running of the time in which a defendant must be tried”
  • “in view of the public interest involved ... we express our opinion on the issues that have been argued,” without deciding whether case is properly before us
  • “When a defendant has agreed to a continuance, or has not entered an objection to delay, he will be held to have acquiesced in the delay”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Liacos, Nolan, Lynch, O'Connor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.