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COMMONWEALTH v. DOE

420 Mass. 142 (1995)

COMMONWEALTH vs. JOHN DOE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 1995.

Attorney(s) appearing for the Case

D. Lloyd MacDonald (Eva M. Ciko with him) for the defendant.

Ralph C. Martin, II, District Attorney, & Jill P. Furman, Assistant District Attorney, for the Commonwealth, submitted a brief.

Scott Harshbarger, Attorney General, & William J. Duensing, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

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

GREANEY, J.

A judge in the District Court sought to report to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979), five questions concerning a petition (which the judge had denied) brought by the defendant to seal the record in criminal cases pursuant to the provisions of G.L.c. 276, § 100C, second par. (1992 ed.).2 The charges against the defendant had been resolved by the prosecution's entry of a nolle prosequi...

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