(DOWNLOAD) "Commonwealth Pennsylvania v. Robert King Mayfield" by Commonwealth Court of Pennsylvania " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Robert King Mayfield
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This case presents the issue whether Pa.R.Crim.P. 1100(c) ever permits a trial court to grant a timely application by the prosecution to extend the prescribed time for trial on the sole ground that the court cannot provide trial within the prescribed period. Rule 1100(c) provides that applications by the Commonwealth attorney to extend time "shall be granted only if trial cannot be commenced within the prescribed period despite due diligence by the Commonwealth." The Superior Court concluded that this provision does not permit extensions predicated upon what that court termed "judicial delay." It therefore held that the extension granted by the trial court was in error and ordered appellee discharged. We granted the Commonwealths petition for allowance of appeal and stayed the Superior Courts order. We reverse and reinstate the judgment of sentence.