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COMMONWEALTH v. GRAHAM

SJC-12428, SJC-12433.

480 Mass. 516 (2018)

COMMONWEALTH v. KEVIN GRAHAM, JR. (and five companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

September 13, 2018.

Attorney(s) appearing for the Case

Sarah Montgomery Lewis, Assistant District Attorney (Masai-Maliek King, Assistant District Attorney, also present) for the Commonwealth.

Patrick Levin, Committee for Public Counsel Services, for Kevin Graham, Jr.

Claudia Leis Bolgen for Ellis Golden.

William M. Jay & Gerard J. Cedrone, of New York, & Chauncey B. Wood & Kevin P. Martin, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: GANTS, C.J., GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

Rule 36 of the Massachusetts Rules of Criminal Procedure, as amended, 422 Mass. 1503 (1996) (rule 36), provides that, if a criminal defendant is not tried "within twelve months" after arraignment, "he shall be entitled upon motion to a dismissal of the charges." Mass. R. Crim. P. 36 (b) (1) (C). A defendant may establish a prima facie...

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