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 MAY 2012
Commonwealth v. Javon Walczak
In a grand jury proceeding in which an indictment for second degree murder was sought, in which there was undisputed evidence that the defendant acted on the basis of reasonable provocation, sudden combat or self-defense, whether the Commonwealth must present some evidence of the absence of mitigating factors, a necessary element, to obtain an indictment; is there a duty to instruct a grand jury on the elements of murder in the second degree in such circumstances.
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|