The Standing Advisory Committee on the Rules of Criminal Procedure solicits comments on a proposed amendment to Mass. R. Crim. P. 12. The amendment would add new section 12(b)(6) to permit a defendant, with the agreement of the prosecutor, to tender a plea of guilty while reserving the right to appeal any ruling or rulings that would, if reversed, render the Commonwealth's case not viable on one or more charges. This proposal responds to the Supreme Judicial Court's authorization of conditional guilty pleas in Commonwealth v. Gomez, 480 Mass. 240 (2018), and its request that this Committee propose an amendment to Rule 12 to provide for conditional guilty pleas.
Proposed Rule12(b)(6) and Reporter's Notes appear at the link below. Comments should be directed to Barbara F Berenson at barbara.berenson@jud.state.ma.us on or before February 28, 2019. Comments received will be made available to the public upon request.