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COMMONWEALTH v. FORTE

423 Mass. 672 (1996)

COMMONWEALTH v. CASPER FORTE (and eleven companion cases).

Supreme Judicial Court of Massachusetts, Norfolk.

November 4, 1996.

Attorney(s) appearing for the Case

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Carol A. Donovan, Committee for Public Counsel Services, for James Clark & another.

Mark J. Gillis for Casper Forte.

Herbert P. Sklar for Lance Hullum was present, but did not argue.

Scott Harshbarger, Attorney General, & Gail M. McKenna, Assistant Attorney General, for the Commonwealth & others, amici curiae, submitted a brief.

Thomas F. Reilly, District Attorney, & Carlene A. Pennell, Assistant District Attorney, for the District Attorney for the Northern District, amicus curiae, submitted a brief.

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

WILKINS, C.J.

Each defendant successfully moved on double jeopardy grounds to dismiss indictments charging him with assault or assault and battery against a prison correction officer (and, in one case, assault with intent to murder). Each defendant argued that he had already been sentenced to disciplinary segregation pursuant to prison disciplinary procedures for the same allegedly wrongful conduct on which the indictments were based. A Superior Court judge allowed...

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