PIXLEY v. COMMONWEALTH

SJC-10243.

453 Mass. 827 (2009)

MARCUS PIXLEY v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 2009.


Attorney(s) appearing for the Case

Jane E. Ross for the plaintiff.

Joseph M. Ditkoff, Assistant District Attorney (Mark D. Zanini, Assistant District Attorney, with him) for the Commonwealth.

David M. Skeels, Committee for Public Counsel Services, for Committee for Public Services, amicus curiae, submitted a brief.

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


GANTS, J.

At his jury trial on narcotics charges in December, 2005, the defendant sought to call a witness in his defense, who informed the court, through counsel, that he intended to assert his privilege against compulsory self-incrimination under the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights. The trial judge held an in camera hearing pursuant to Commonwealth v. Martin,

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