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 DECEMBER 2012
AMICUS SUBMISSIONS ARE DUE NO LATER THAN TWO WEEKS BEFORE
THE FIRST DAY OF THE SITTING IN WHICH THE CASE IS SCHEDULED FOR ARGUMENT
John R. Irwin v. Commonwealth
The issues presented are: whether the defendant is eligible to make a claim under G. L. c. 258D, the erroneous conviction statue, in circumstances in which the Appeals Court reversed his conviction on the basis that the Commonwealth had improperly referred to evidence suggesting the defendant's consciousness of guilt; whether the Commonwealth was entitled to appeal, under the doctrine of present execution, a Superior Court judge's ruling that the defendant was eligible to pursue his claim under the 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.
|Susan Mellen, Clerk|