COMMONWEALTH v. HILAIRE


437 Mass. 809 (2002)

COMMONWEALTH v. ICARFENS HILAIRE.

Supreme Judicial Court of Massachusetts, Middlesex.

October 18, 2002.


Attorney(s) appearing for the Case

Kathleen A. Murphy, Special Assistant District Attorney (David W. Cunis, Assistant District Attorney, with her) for the Commonwealth.

Matthew Campbell for the defendant.

Jennifer J. Smith, Committee for Public Counsel Services, & Daniel Kanstroom, Iris Gomez, & Sarah Ignatius, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SOSMAN, J.

At issue in this case is whether a defendant's signature underneath the alien warning on the District Court's preprinted "Tender of Plea or Admission Waiver of Rights" form satisfies the statutory requirement that "the court" advise a defendant of the possible immigration consequences of a plea of guilty. G. L. c. 278, § 29D. Facing deportation back to his native Haiti more than one and one-half years after...

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