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 9, 2013
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-11408, -11409, -11410
Commonwealth v. Shubar Charles (& two companion cases)
These cases present issues with respect to the nature and extent of the authority of Special Magistrates and Superior Court judges appointed pursuant to an Order of Assignment by the Chief Justice of the Superior Court, see Mass. R. Crim. P. 47, "to preside over criminal proceedings in connection with cases relating to the William A. Hinton State Laboratory Institute in Jamaica Plain." The petitions arise out of procedures adopted by the Superior Court for handling post conviction matters arising out of alleged misconduct connected to the William A. Hinton State Laboratory Institute. The reported questions concern the authority of a special magistrate to stay execution of a defendant's sentence pending disposition of a motion for a new trial; whether a special magistrate has authority to reconsider and allow a motion to stay execution of a criminal defendant's sentence where a Superior Court judge previously denied a motion to stay; and whether the court should consider the question of the authority of a special master to conduct plea colloquies, where neither party can be required to submit to a plea colloquy conducted by a special magistrate.
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|