COMMONWEALTH v. SPARKS


431 Mass. 299 (2000)

COMMONWEALTH v. HARMON P. SPARKS, SR.

Supreme Judicial Court of Massachusetts, Hampden.

April 25, 2000.


Attorney(s) appearing for the Case

John M. Thompson (Joseph M. Kenneally with him) for the defendant.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

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


MARSHALL, C.J.

This case raises the issue whether, pursuant to Mass. R. Crim. P. 15 (d), as appearing in 422 Mass. 1501 (1996), the Commonwealth must reimburse the legal fees and appellate costs of private attorneys who, in an appeal, represented an indigent defendant who was already represented by a court-appointed attorney. The Appeals Court issued an order denying the defendant's motion for these fees and costs. We granted the defendant's application for further...

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