Commonwealth v. Brock
619 Pa. 278
| Pa. | 2013Background
- Brock was charged in 2003 with burglary, attempted murder, aggravated assault, criminal trespass, and firearms offenses; case repeatedly continued until 2005 when he failed to appear under house arrest and a bench warrant was issued; Commonwealth did not locate him for years.
- In 2006 Brock was arrested on unrelated charges and later returned to Philadelphia to face the 2003 charges; authorities ultimately arranged his return for trial.
- On May 24, 2007 Brock orally moved to dismiss under Rule 600 on the theory that more than 365 non-excludable days had elapsed; the trial court held hearings and granted dismissal in January 2008.
- The Superior Court affirmed that an oral motion could preserve Rule 600 claims and that failure to appear did not automatically waive; it treated Brock’s absence as non-waiver under its Steltz-based reasoning.
- This Court reversed, holding Rule 600 requires a written motion with service on the Commonwealth; it also held Brock waived by failing to appear for the March 8, 2005 trial listing, following Steltz, and remanded for proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 600 requires a written motion to dismiss | Brock (plaintiff) argued oral motion sufficed per Bowes | Commonwealth argued Drake requires written motion | Written motion required; oral motion insufficient |
| Whether Brock waived Rule 600 by failing to appear for trial listing | Brock contended no waiver from absence | Commonwealth argued waiver under Steltz | Brock waived by voluntary failure to appear; trial at court's reasonable convenience |
Key Cases Cited
- Commonwealth v. Drake, 489 Pa. 541 (1980) (oral motion insufficient; written requirement implied by service on Commonwealth)
- Commonwealth v. Bowes, 839 A.2d 422 (Pa. Super. 2003) (oral motion sufficient per lower court, later disapproved by Drake lineage)
- Commonwealth v. Steltz, 522 Pa. 233 (1989) (voluntary absence from trial date waives Rule-based speedy-trial rights)
- Commonwealth v. Lamonna, 473 Pa. 248 (1977) (discussion of Rule 1100/1100(g) and commencement of trial as substantive event)
- Commonwealth v. Szuchon, 506 Pa. 228 (1984) (discussed Rule 1100/Rule 600 remedy abuse)