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NEWSPAPERS, NEW ENGLAND v. CLERK-MAGISTRATE, WARE DIV.

403 Mass. 628 (1988)

531 N.E.2d 1261

NEWSPAPERS OF NEW ENGLAND, INC. vs. CLERK-MAGISTRATE OF THE WARE DIVISION OF THE DISTRICT COURT DEPARTMENT & others.

Supreme Judicial Court of Massachusetts, Hampshire.

December 22, 1988.

Attorney(s) appearing for the Case

Raymond R. Randall for the plaintiff.

H. Reed Witherby, Assistant Attorney General, for the Clerk-Magistrate of the Ware Division of the District Court Department.

James C. Heigham, for Massachusetts Newspaper Publishers Association, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

LYNCH, J.

The plaintiff, Newspapers of New England, Inc., filed an action in the Ware Division of the District Court Department, challenging a judge's order impounding an affidavit in support of a search warrant issued in the course of an investigation which ultimately led to the indictment and conviction of Kenneth Phoenix for murder in the first degree.2 The judge had impounded the affidavit during the pendency of the criminal proceedings...

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