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BURNS v. COMMONWEALTH

430 Mass. 444 (1999)

RICHARD J. BURNS v. COMMONWEALTH (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 14, 1999.

Attorney(s) appearing for the Case

Jonathan Shapiro for Richard J. Burns.

Linda M. Poulos, Assistant District Attorney, for the Commonwealth.

Juliana deHaan Rice, Assistant Attorney General, for Superintendent of the Department of State Police & others.

Donald S. Bronstein, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, SPINA, & COWIN, JJ.

GREANEY, J.

These cases were consolidated, and then reserved and reported without decision by a single justice of this court. One case involves a petition under G. L. c. 211, § 3, by Richard J. Burns, a former sergeant in the State police, in which he seeks to vacate an admission to sufficient facts made in response to criminal charges pending against him in the Boston Municipal Court Department. The other case is a petition seeking review by certiorari in connection...

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