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

ARGUMENT IS TENTATIVELY SCHEDULED FOR FEBRUARY 2009.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE JANUARY 20, 2009.

SJC-10243
Marcus Pixley v. Commonwealth

Where, in an appeal from a criminal conviction, a defendant challenges an order of the trial court, made after a hearing pursuant to Commonwealth vs. Martin, 423 Mass. 496, 504-505 (1996), upholding a prospective witness's assertion of the privilege against self-incrimination, what procedures should be followed by the parties in briefing the issue, and by the appellate court in resolving the issue, including whether counsel is entitled to review the transcript of the hearing, disclose its contents to the client, and disclose the allegedly privileged information in the appellate brief.

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.

December 17, 2008