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COMMONWEALTH v. LOVE

SJC-09952

452 Mass. 498 (2008)

COMMONWEALTH v. JULIUS LOVE.

Supreme Judicial Court of Massachusetts, Suffolk.

November 4, 2008.

Attorney(s) appearing for the Case

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Joseph D. Bernard for the defendant.

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

COWIN, J.

Over the objection of the Commonwealth and notwithstanding the provisions of Mass. R. Crim. P. 15(c), as appearing in 422 Mass. 1501 (1996), a District Court judge heard evidence simultaneously for purposes of a motion to suppress hearing and a trial.1 The judge commented that this type of combined hearing is a frequent occurrence in the District Court. Before the District Court proceedings...

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