Commonwealth v. Neal

Summary

The Pennsylvania Superior Court reviewed a Commonwealth appeal from an order dismissing criminal charges for an alleged violation of Pennsylvania Rule of Criminal Procedure 1100. The court held that delays attributable to the defendant or defense counsel extended the time for commencement of trial and for filing a petition to extend, making the Commonwealth’s petition timely. The order discharging the defendant was reversed and the case was remanded for trial.

Holdings

1. Delays attributable to the defendant or the defendant's attorney extend the period for commencement of trial and consequently extend the period in which the Commonwealth may file a petition to extend the trial deadline under Rule 1100.
2. Judicial delay does not extend the time period in which the Commonwealth may file a petition to extend under Rule 1100, although it is chargeable to the Commonwealth for purposes of evaluating due diligence.

Questions Presented

1. Whether Pennsylvania Rule of Criminal Procedure 1100 requires dismissal of the charges when the Commonwealth files its petition to extend the time for trial after the original run date but delays attributable to the defendant or defense counsel extend the commencement-of-trial period.
2. Whether judicial delay, although not attributable to the Commonwealth, extends the period in which the Commonwealth may file a Rule 1100 petition to extend.

Disposition

reversed_and_remanded