The Massachusetts Judicial Branch

Supreme Judicial Court

Amicus Announcement

SJC-10211


THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS SCHEDULED FOR NOVEMBER 2008.


SJC-10211

Commonwealth v. Travis Powell

Whether a judge may dismiss an indictment over the Commonwealth's objection, after the matter had been placed on file without a finding upon the defendant tendering a plea of guilty following which the defendant completed a three year term of probation, in circumstances in which the Commonwealth had not appealed from the original order or from its motion for reconsideration, but rather moved to vacate the termination of probation and discharge and for entry of a finding of guilt and sentencing after the defendant was discharged from probation.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

  Susan Mellen, Clerk

June 23, 2008