LATIMORE v. COMMONWEALTH


417 Mass. 805 (1994)

633 N.E.2d 396

WILLIE R. LATIMORE vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1994.


Attorney(s) appearing for the Case

Daniel F. Featherstone, Jr., for the defendant.

Cynthia A. Vincent, Assistant District Attorney, for the Commonwealth.

Scott Harshbarger, Attorney General, & Pamela L. Hunt, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH & GREANEY, JJ.


LYNCH, J.

In this case, we address whether Willie R. Latimore (defendant) may be awarded attorney's fees and costs of appeal after a single justice, under G.L.c. 278, § 33E (1992 ed.), has denied the Commonwealth's application for leave to appeal from a Superior Court judge's order allowing the defendant's motion for a new trial. After denying the Commonwealth's application for leave to appeal, the single justice also denied the defendant's request for attorney...

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