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COMMONWEALTH PENNSYLVANIA v. JOHN JACKSON (03/25/86)

decided: March 25, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
JOHN JACKSON, APPELLEE. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. SAM DONALDSON, APPELLEE. COMMONWEALTH OF PENNSYLVANIA, APPELLANT, V. KEVIN CADEN, APPELLEE



COUNSEL

Eric B. Henson, Deputy Dist. Atty., Gaele McLaughlin Barthold, Chief/Prosecution Appeals, Marianna C. Sorensen, Asst. Dist. Atty., for appellant.

Stanley E. Gever, Philadelphia, for Kevin Caden.

John W. Packel, Chief/Appeals Div., Philadelphia, for John Jackson and Sam Donaldson.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. McDermott, J., filed a dissenting opinion in which Larsen and Papadakos, JJ., joined.

Author: Per Curiam

[ 509 Pa. Page 602]

ORDER

The Orders of the Superior Court are affirmed.

Disposition

The Orders of the Superior Court are affirmed.

McDERMOTT, Justice, dissenting.

The common thread in these cases is the Superior Court's willingness to decide that the Commonwealth failed to meet its burden of proving an alleged waiver of the defendants' Rule 1100 "speedy trial" rights, based upon the absence of the relevant transcript from the record transmitted from the lower court.

In each case the defendant was convicted of a crime and sentenced after denial of post-trial motions asserting, inter alia, a violation of his Rule 1100 rights. In each case the Superior Court reversed the judgment of sentence and discharged the defendant based upon a perceived violation of the defendant's Rule 1100 rights, despite allegations by the Commonwealth that the defendant had waived his Rule 1100 rights by silently acquiescing to a trial date beyond the Rule 1100 "run date" announced in open court in the presence of the defendant and his ...


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