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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 APRIL 2010
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE MARCH 15, 2010

SJC-10609
Commonwealth v. Kofi Agana

The issue presented is whether a disabled complainant in a sexual assault case, diagnosed with "expressive aphasia" and determined to be competent by her personal physician and a forensic psychologist, must be afforded accommodation under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., when testifying in court; whether the District Court judge correctly ruled that the witness was incompetent to testify; whether the witness had standing to under G. L. c. 211, § 3, to seek review of the judge's finding or to seek accommodation.

 

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.

February 1, 2009