COMMONWEALTH v. DWYER


448 Mass. 122 (2006)

COMMONWEALTH v. SEAN DWYER.

Supreme Judicial Court of Massachusetts, Norfolk.

December 29, 2006.


Attorney(s) appearing for the Case

Carlene A. Pennell for the defendant.

Varsha Kukafka, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Andrew N. Nathanson, Philip J. Catanzano, Helen Gerostathos Guyton, John B. Koss, Noah C. Shaw, Susan M. Finegan, & Kathryn M. Reardon for Victim Rights Law Center & others.

Carol A. Donovan, Sarah Wunsch, & Anne Goldbach for Committee for Public Counsel Services & others.

Wendy J. Murphy for Victim Advocacy and Research Group & another.

Daniel F. Conley, District Attorney, & John P. Zanini, Assistant District Attorney, Martha Coakley, District Attorney, Michael O'Keefe, District Attorney, Timothy J. Cruz, District Attorney, & Jonathan W. Blodgett, District Attorney, for District Attorney for the Suffolk District & others.

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


BY THE COURT.

This appeal causes us to reconsider the protocols established by Commonwealth v. Fuller, 423 Mass. 216 (1996) (Fuller), and Commonwealth v. Bishop, 416 Mass. 169 (1993) (Bishop), which govern a defendant's pretrial access to statutorily privileged records of witnesses in criminal cases. The defendant...

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