remedy for any violation (Massachusetts) · Go Syfert
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remedy for any violation in Massachusetts

5 Massachusetts opinions name it 3 courts 2001–2012 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Parragreen
mass · 2005 · cited in 4 Massachusetts opinions naming this issue, 2006–2012
2 sentences

2012In Parra, supra, we made clear that “dismissal is the appropriate remedy for any violation of the sixty-day deadline, absent extraordinary circumstances that would justify a very brief delay.” The fact that the department had not been “notified of the finding of probable cause” — whether due to a failure by the clerk or the prosecutor — did not constitute “extraordinary circumstances,” and the dismissal was accordingly affirmed.

2010“The statute’s deadlines are mandatory to protect a defendant’s liberty interest, and any delay by the [Petitioner] that results in a confinement exceeding [five] days is a violation of the statute.... [Dismissal is the appropriate remedy for any violation of the... deadline, absent extraordinary circumstances that would justify a very brief delay.” Id, quoting Commonwealth v. Parra, 445 Mass. 262, 263 (2005).

44
School Committee of Danvers v. Tymangreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001See School Committee of Danvers v. Tyman, 372 Mass. at 115 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Where else courts name it

IA 8 (2013–2024) NY 7 (1978–2023) IN 6 (1995–2019) PA 6 (1993–2023) CA 5 (1909–2021) IL 5 (2017–2024) MA 5 (2001–2012) OH 5 (2006–2023) NM 4 (2009–2019) WA 3 (2011–2024) CO 2 (2009–2017) FL 2 (2002–2006) TX 2 (2011–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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