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COMMONWEALTH v. MILLICAN

449 Mass. 298 (2007)

COMMONWEALTH v. DERREL G. MILLICAN.

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 2007.

Attorney(s) appearing for the Case

Jonathan C. Rutley, Assistant District Attorney, for the Commonwealth.

Steven J. Rappaport for the defendant.

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

SPINA, J.

The defendant admitted facts sufficient to warrant a guilty finding on a complaint alleging negligent operation of a motor vehicle causing the death of another (misdemeanor vehicular homicide). See G. L. c. 90, § 24G (b). Over the Commonwealth's objection, a judge in the District Court continued the case without a finding. The Commonwealth filed a petition for relief under G. L. c. 211, § 3, alleging that the particular disposition of this...

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