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COMMONWEALTH v. AUSTIN A.

450 Mass. 665 (2008)

COMMONWEALTH v. AUSTIN A.

Supreme Judicial Court of Massachusetts, Suffolk.

February 14, 2008.

Attorney(s) appearing for the Case

Kevin J. Curtin, Assistant District Attorney (Linda M. Gostanian, Special Assistant District Attorney, with him) for the Commonwealth.

William S. Smith for Austin A.

Barbara Kaban for Simon S.

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

COWIN, J.

A judge in the Superior Court granted immunity pursuant to G. L. c. 233, § 20E,1 to a witness, whom we shall call Simon S., in criminal proceedings in that court. The Commonwealth filed a motion in limine in the Juvenile Court asking the court to "honor" the immunity order to prevent Simon from asserting his privilege against self-incrimination and compel him to testify regarding...

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