Opinion

Commonwealth v. Brett

  • 262 Pa. Super. 326
  • 396 A.2d 777
  • 1978 Pa. Super. LEXIS 4243
Court
Superior Court of Pennsylvania
Filed
Dec 29, 1978
Status
Published
Author
Voort
On the bench
Jacobs, Hoffman, Cer-Cone, Price, Van Voort, Spaeth, Hester
Cited by
10 cases

delay caused by co-defendant even though not agreed to by defendant, may provide sufficient grounds for extension of time

How later courts described this case

  • delay caused by co-defendant even though not agreed to by defendant, may provide sufficient grounds for extension of time
  • if defendant's attorney not served with Rule 1100(c) application then extension improperly granted and defendant should be discharged
  • petition for extension granted without notice to defendant; held, petition ineffective, and defendant ordered discharged
  • no waiver where no notice of hearing

Written by the judges who cited it.

The opinion

VAN der VOORT, Judge,

dissenting:

I would remand this case to the court below for a hearing to determine whether or not the defendant-appellant suffered any prejudice because he was not given notice of the application of the Commonwealth for an extension of time of trial. If it were determined that he was prejudiced, I would reverse and discharge the appellant. If it were found that he suffered no prejudice, I would affirm the judgment of sentence of the trial court below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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