By Burt Rose
The Supreme Court of Pennsylvania has issued an Opinion in the matter of COMMONWEALTH of Pennsylvania, Appellant v. John BROCK, Appellee, 2013 WL 239137, 16 EAP 2011 (Jan. 23, 2013), an appeal from the Order of the Superior Court entered on June 8, 2010 at No. 435 EDA 2008, affirming an order of the Court of Common Pleas, Philadelphia County, Criminal Division, CP–51–CR–0708871–2003. Justice TODD wrote the Opinion for the court.
In this appeal by the Commonwealth, the Court considered whether Appellee John Brock had waived his speedy trial claim under Pa.R.Crim.P. 600, either by failing to file a written motion to dismiss, or by failing to appear for a trial listing. The Court held thatRule 600 requires a defendant to file a written motion to dismiss, and that, by failing to appear in court on the day his or her case is listed for trial, a defendant waives his or her Rule 600 claim.
Thus a motion to dismiss pursuant toPa.R.Crim.P. 600 must be made in writing, not orally, and a copy of such motion must be served on the Commonwealth’s attorney. Brock also waived hisRule 600 claim by failing to appear in court on the date his case was listed for trial, despite having been notified that he must appear on that date. Thus when a defendant deliberately fails to appear in court on the day his case is listed for trial, he has waived hisRule 600 claim and his trial shall be at the reasonable convenience of the trial court.