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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 TENTAIVELY SCHEDULED FOR NOVEMBER 2008.

SJC-10254
Commonwealth v. Salvatore Avalos

Whether the judge at the trial of indictments for sexual abuse of a child improperly excluded, under the rape shield statute, G. L. c. 231, § 21B, all diary entries written by the victim (except one entry that stated she had been sexually abused) that defense counsel sought to use to impeach, to refresh recollection and as a substantive defense on the issues of bias, prejudice and motive to lie of the victim and her mother; the issue presented is what constitutes "sexual conduct" under the rape shield statute.

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.

July 30, 2008