LATAILLE v. DISTRICT COURT OF EASTERN HAMPDEN


366 Mass. 525 (1974)

320 N.E.2d 877

ROGER E. LATAILLE vs. DISTRICT COURT OF EASTERN HAMPDEN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 16, 1974.


Attorney(s) appearing for the Case

Richard A. Morocco for the petitioner.

Robert H. Quinn, Attorney General (Dennis J. Lacroix, Deputy Assistant Attorney General, with him) for the District Court of Eastern Hampden & others.

William W. Teahan, Assistant District Attorney (Matthew J. Ryan, Jr., District Attorney, with him) for the District Attorney for the Western District of Massachusetts.

Present: TAURO, C.J., QUIRICO, HENNESSEY, & KAPLAN, JJ.


HENNESSEY, J.

The petitioner (hereafter referred to as the defendant) in this case asks that we rule that a person accused of a crime has a right to a probable cause hearing in all cases, irrespective of a supervening indictment, unless the Commonwealth is able to advance a substantial and paramount interest overriding the asserted right to a probable cause hearing.

The defendant seeks relief in this court after unsuccessful recourse to a judge of the Superior...

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