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DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT v. WATSON

381 Mass. 648 (1980)

411 N.E.2d 1274

DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT vs. JAMES WATSON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 28, 1980.

Attorney(s) appearing for the Case

William P. Homans, Jr. (John Reinstein with him) for James Watson.

Stephen L. Saltonstall (Ann Lambert Greenblatt with him) for John Real.

Barbara A.H. Smith, Assistant Attorney General, for the Attorney General.

Newman Flanagan, District Attorney, pro se (Michael J. Traft, Assistant District Attorney, & Rosalind Henson Miller, Special Assistant District Attorney, with him).

Henry P. Arsenault, amicus curiae, pro se, submitted a brief.

Jeanne Baker, Daniel Featherston, Andrew Good, Joseph S. Oteri, P.J. Piscitelli, Harvey A. Silverglate & Martin G. Weinberg, for the Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

On January 9, 1980, the plaintiff, in his capacity as district attorney for the Suffolk district, filed a complaint in the Supreme Judicial Court for Suffolk County seeking a declaratory judgment or, in the alternative, relief under this court's general superintendence powers under G.L.c. 211, § 3. The complaint sought a determination of the constitutionality of the recently enacted capital punishment statute, c. 488 of the Acts of 1979. The Commonwealth...

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