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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 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

 SJC-11262
Commonwealth v. Joseph Morris

The issue presented is whether a consciousness of guilt instruction based on the defendant's flight should have been given in circumstances in which the defendant raised a question of self defense and claimed that he retreated from the violent encounter out of fear; whether the court should take a fresh look at Commonwealth v. Toney, 385 Mass. 575, 584-585 & nn. 3-6 (1982).

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.

September 2012