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COMMONWEALTH v. KATER

412 Mass. 800 (1992)

592 N.E.2d 1328

COMMONWEALTH vs. JAMES M. KATER.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1992.

Attorney(s) appearing for the Case

Elspeth B. Cypher, Assistant District Attorney (Lance J. Garth, Special Assistant District Attorney, with her) for the Commonwealth.

Jonathan Shapiro (Patricia Garin with him) for the defendant.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

LYNCH, J.

The Commonwealth appeals from the allowance in part of defendant's motion to suppress. This is the fourth appeal in the Commonwealth's prosecution of James M. Kater for the 1978 kidnapping and murder of Mary Lou Arruda. A synopsis of the prior appeals is contained in Commonwealth v. Kater, 409 Mass. 433, 434-435 (1991) (Kater III). There, we reversed the second conviction of the defendant and remanded...

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