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COMMONWEALTH v. HATCH

438 Mass. 618 (2003)

COMMONWEALTH v. ROBERT HATCH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 31, 2003.

Attorney(s) appearing for the Case

Daniel I. Smulow, Assistant District Attorney, for the Commonwealth.

Anthony C. Adamopoulos for the defendant.

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

SPINA, J.

General Laws c. 123, § 17 (b), provides that an incompetent defendant may "request an opportunity to offer a defense" to charges pending against him and states that "[i]f after hearing [the defendant's] petition the court finds a lack of substantial evidence to support a conviction it shall dismiss the indictment or other charges." In the present case, we clarify the scope of a hearing held pursuant to this statutory provision.

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