COMMONWEALTH v. LAGUER

No. 93-P-623.

36 Mass. App. Ct. 310 (1994)

630 N.E.2d 618

COMMONWEALTH vs. BENJAMIN LAGUER.

Appeals Court of Massachusetts, Worcester.

March 31, 1994.


Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Jonathan P. Cooke, for Lawyers Committee for Civil Rights under Law of the Boston Bar Association, & others, amici curiae.

Lynn Morrill Turcotte, Assistant District Attorney, for the Commonwealth.

Abbe Smith, William Montross, Jr., John Reinstein, Nancy Gertner & Sally Greenberg, for Criminal Justice Institute & others, amici curiae, submitted a brief.

Kimberly Hawkins, pro se, amicus curiae, submitted a brief.

Present: KASS, KAPLAN, & FINE, JJ.


KASS, J.

In its order of remand in Commonwealth v. Laguer, 410 Mass. 89, 98-99 (1991), the court returned to the Superior Court consideration of the defendant's motion for a new trial "solely for the purpose of conducting an evidentiary hearing and making a determination with respect to the truth" of an affidavit "in so far as it describes ethnically oriented statements...

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