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COMMONWEALTH v. LAMPRON

441 Mass. 265 (2004)

COMMONWEALTH v. RICHARD LAMPRON.

Supreme Judicial Court of Massachusetts, Suffolk.

March 19, 2004.

Attorney(s) appearing for the Case

David F. Capeless, Assistant District Attorney, for the Commonwealth.

Lee D. Flournoy for the defendant.

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

SPINA, J.

The Commonwealth filed a petition under G. L. c. 211, § 3, seeking relief from the order of a Superior Court judge for production of treatment records of an alleged rape victim. The basis on which relief was sought was that defense counsel's affidavit in support of the motion for inspection of records was not based on his personal knowledge, but on hearsay statements of the defendant and others. A single justice...

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