remand to determine if counsel’s actions in agreeing to a trial date beyond 180 days constituted a representation of an effective waiver by his client of Rule 1100 rights
How later courts described this case
- remand to determine if counsel’s actions in agreeing to a trial date beyond 180 days constituted a representation of an effective waiver by his client of Rule 1100 rights
Written by the judges who cited it.
The opinion
LARSEN, Justice,
dissenting.
I dissent. Judgment of sentence should be affirmed. In support thereof, I quote from the excellent trial opinion, dated December 3, 1974, authored by the Honorable Richard S. Lowe:
This Court deems it especially significant that the announcement of a late April or May trial date met with the express approval and approbation of all parties at the pretrial conference. Moreover, no objection was voiced to the democratically and courteously selected trial date until the eve of trial. After silently ensconcing their rights for two and one-half months, the defendants entreat this Court to set them free because of an allegedly illegal delay. This Court is not persuaded that Rule 1100 was intended to effect such an outrageous outcome. When a trial judge espouses a plan to accommodate the schedules of two out-of-state attorneys, the District Attorney’s Of *240 fice, and the administrative arm of the court in arriving at a convenient trial date within a general time frame, and when the defense counsel expressly approve such a plan, a violation of Rule 1100 is waived. That defense counsel did not expressly approve the exact date selected is of no moment. Any date within the suggested period would have exceeded 270 days from the date of arrest. Consequently, approval of the suggested period constituted a waiver for its duration.