A full panel of the Massachusetts Supreme Judicial Court concluded that a Boston Municipal judge overstepped her bounds when she dismissed a repeatedly-delayed case with the caveat that prosecutors must seek court-approval prior to reopening the case.

In the underlying case, driving under the influence-related charges were filed in the Dorchester Division of the Boston Municipal Court Department against Roberto Rosa in January 2020. A jury trial was scheduled for February 2020, but the commonwealth requested a continuance because its key witness, the state trooper who made the arrest, had been requested in another court.

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