Commonwealth v. Bradford

46 A.3d 693, 616 Pa. 122, 2012 WL 2125881, 2012 Pa. LEXIS 1266
CourtSupreme Court of Pennsylvania
DecidedMay 30, 2012
StatusPublished
Cited by133 cases

This text of 46 A.3d 693 (Commonwealth v. Bradford) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Bradford, 46 A.3d 693, 616 Pa. 122, 2012 WL 2125881, 2012 Pa. LEXIS 1266 (Pa. 2012).

Opinions

OPINION

Justice BAER.

We granted review in this case to determine whether the courts below erred in dismissing criminal charges against Defendant-Appellee David Bradford. The trial court discontinued the case because the Commonwealth failed to bring Defendant to trial within the time required by Pennsylvania’s speedy trial rule, Pa.R.Crim.P. 600, when the Magisterial District Judge failed to forward timely the relevant file as required by Pa.R.Crim.P. 547(B). Upon review, we determine that dismissal was not appropriate under Rule 600 when the Commonwealth acted with due diligence in relying upon the judicial system to transfer documents in accordance with the Rules of Criminal Procedure. Accordingly, we reverse the dismissal of charges and remand to the trial court.

On September 24, 2008, Wilkinsburg Police filed a criminal complaint against Defendant in connection with a September 21, 2008, abduction, kidnapping, and rape of a woman in Wilkinsburg. Defendant was arrested the next day, charged with kidnapping, rape, involuntary deviate sexual intercourse, and terroristic threats. The following day, Defendant was arraigned and bail was set at $100,000. When Defendant could not make bail, he was incarcerated in the Allegheny County Jail.

On October 9, 2008, a Magisterial District Judge presided over Defendant’s Preliminary Hearing. An assistant district attorney represented the Commonwealth during the hearing and sought amendment of the charges to add one count each of sexual assault, aggravated indecent assault, and indecent assault. The District Judge held all charges over for court and signed a recommitment order with bail maintained at $100,000. The District Judge also issued Defendant a subpoena for formal arraignment on December 12, 2008.

For reasons unknown, the District Judge failed to comply with Pa.R.Crim.P. 547(B) which requires the District Judge to forward the preliminary hearing transcript to the Department of Court Records of the Court of Common Pleas within five days after holding the defendant for court.1 Although the record indicates that the District Judge’s office printed and allegedly mailed the docket transcript on April 20, 2009, it does not appear that the Department of Court Records received the package. Accordingly, the case was not entered into the Department’s docketing system. The docketing system is designed to generate a “CR Number,” which is then automatically transmitted to the District Attorney’s office, launching that office’s docketing system that tracks cases for Rule 600 purposes. As a CR Number was not generated in this case, the District Attorney’s office’s tracking system was not triggered. Instead, following the preliminary hearing, Defendant returned to the Allegheny County jail where he remained [696]*696with no further proceedings until October 9, 2009. On that date, Defendant filed a counseled motion to dismiss charges pursuant to Rule 600, which provides for the dismissal of charges when a defendant’s trial has not commenced within 365 days of the filing of the criminal complaint subject to certain exclusions and extensions.2 Counsel filed the motion to dismiss at a miscellaneous docket number because no CR Number had been assigned to the case by the Department of Court Records.

Upon receipt of notice of the motion to dismiss on October 13, 2009, the District Attorney’s office realized that the case had not been entered into its internal docketing system or the Court of Common Pleas’s docketing system. The District Attorney’s office contacted the Magisterial District Office, which immediately sent the documents by facsimile to the Department of Court Records. When the Department entered the information into the docketing system and generated a “CR number,” the CR number was then electronically transmitted to the District Attorney’s computer docketing system on October 15, 2009. The District Attorney filed a criminal information on the same day. A pre-trial conference was scheduled for October 23, 2009, and trial was set for the first available date of December 7, 2009. The trial would have commenced seventy-three days after the 365th day following the filing of the complaint.

On November 4, 2009, the trial court entered an order granting Defendant’s motion dismissing charges. In its order, the trial court concluded that the District Attorney’s office had notice of the charges against Defendant, given that an assistant district attorney was present at the preliminary hearing. The court further concluded that the District Attorney’s office did not exercise due diligence in bringing the case to trial: “The Court finds there was no diligence exercised in light of the serious nature of the charges. The only system in place [for Rule 600 compliance] is that of reliance upon the clerks of the District Magistrate Court and the Department of Court Records.” Tr. Ct. Order of November 5, 2009 at 4.

On November 5, 2009, the Commonwealth filed a notice of appeal to the Superior Court. On December 29, 2009, the [697]*697trial court filed a comprehensive opinion reviewing the case law surrounding Pennsylvania’s speedy trial jurisprudence and supporting its dismissal of the charges. The court recognized that the Commonwealth alleged that it acted with due diligence in relying upon the District Judge’s compliance with Pa.R.Crim.P. 547(B), which would have triggered the Commonwealth’s internal docketing system for Rule 600 compliance, and thus, that the failure to prosecute the case within the statutory timeframe was attributable to judicial delay rather than its own lack of diligence.

While the court acknowledged that the Commonwealth could not control the clerical error of the District Judge or the failure of the postal system to deliver the documents to the Department of Court Records, it “could control the possible effect of a clerical or administrative error and prevent any threat to its obligation to commence the trial as required by Rule 600 by instituting a system to track cases prosecuted at Preliminary Hearings by Assistant District Attorneys which are held for court.” Tr. Ct. Op. at 16. The trial court concluded that the Commonwealth did not exercise “due diligence when it use[d] the receipt of the paperwork from the District Judge as a ‘trigger’ when the obligation to bring the Defendant to trial under Rule 600 commences with the filing of the complaint.” Tr. Ct. Op. at 31.

In a divided three-judge decision, the Superior Court affirmed the trial court’s decision to dismiss the charges based upon the Rule 600 violation. The majority opinion recognized that the key issue in the case is whether the Commonwealth acted with due diligence, pursuant to Rule 600(G), when it relied upon the District Justice’s compliance with the Rules of Criminal Procedure. Rule 600(G) provides, “If the court, upon hearing, shall determine that the Commonwealth exercised due diligence and that the circumstances occasioning the postponement were beyond the control of the Commonwealth, the motion to dismiss shall be denied and the case shall be listed for trial on a date certain.” The court further recognized while “due diligence does not demand perfection, it does require the Commonwealth to put forth a reasonable effort.” Commonwealth v. Bradford, 2 A.3d 628, 632 (Pa.Super.2010). Notably, the court observed that this Court in Commonwealth v. Browne, 526 Pa. 83, 584 A.2d 902

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Cite This Page — Counsel Stack

Bluebook (online)
46 A.3d 693, 616 Pa. 122, 2012 WL 2125881, 2012 Pa. LEXIS 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bradford-pa-2012.