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Panel reviews sanction order tied to discovery delay and Rule 36 speedy-trial issues in Trapania appeal
Summary
The Appeals Court heard argument in Commonwealth v. Trapania over whether a trial judge exceeded authority by imposing a sanction the Commonwealth calls punitive—an order said by appellant to override Rule 36 speedy-trial provisions—and whether the remedy was permitted under Rule 14(c).
The Massachusetts Appeals Court considered Jan. 8 the legal dispute in Commonwealth v. Trapania, Docket No. 24-P-81, over sanctions imposed after delayed disclosure of DNA testing. Appellant argued the trial judge rewrote the court’s Rule 36 speedy-trial mechanism and imposed punitive sanctions beyond the remedial scope allowed by Rule 14(c). The Commonwealth and defense differed on whether alternative remedial sanctions remained available on remand.
The Commonwealth,…
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