COMMONWEALTH v. MERRY

SJC-10250

453 Mass. 653 (2009)

COMMONWEALTH v. STUART MERRY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 2009.


Attorney(s) appearing for the Case

Neil Rossman (Carlene A. Pennell with him) for the defendant.

Paul B. Linn, Assistant District Attorney (Nicholas J. Walsh, Assistant District Attorney, with him) for the Commonwealth.

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


COWIN, J.

This case is before us on a reservation and report from a single justice of this court. The defendant was convicted by a District Court jury of negligent vehicular homicide in violation of G. L. 90, § 24G (b).1 His motion for a new trial was allowed because the trial judge found that the Commonwealth failed to disclose material exculpatory evidence.2

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