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COMMONWEALTH v. MITCHELL

444 Mass. 786 (2005)

COMMONWEALTH & another vs. ALICIA MITCHELL.

Supreme Judicial Court of Massachusetts, Suffolk.

July 29, 2005.

Attorney(s) appearing for the Case

Paul B. Linn, Assistant District Attorney (Ian Polumbaum, Assistant District Attorney, with him) for the Commonwealth.

Paul R. Rudof, Committee for Public Counsel Services, for the defendant.

Kerri E. Tierney, for Police Department of Boston, was present but did not argue.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

GREANEY, J.

This case requires us to decide whether a judge in the Superior Court properly allowed the defendant's ex parte motions for issuance of summonses, under Mass. R. Crim. P. 17 (a) (2), 378 Mass. 885 (1979),2 compelling the production, prior to trial, of documents pertaining to her defense held by third parties, and whether the judge properly denied the motion of the Commonwealth for disclosure of the defendant's motions. We conclude...

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