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COMMONWEALTH v. SHAUGHESSY

SJC-10416.

455 Mass. 346 (2009)

COMMONWEALTH v. ERIC SHAUGHESSY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 19, 2009.

Attorney(s) appearing for the Case

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Michael B. Galvin (Thomas J. Carey, Jr., with him) for the defendant.

Peter B. Krupp, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

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

CORDY, J.

At issue in this case is whether the Commonwealth's privilege not to disclose the identity of an informant can be overcome on the basis of an affidavit submitted ex parte by the defendant.2 The particular question we must answer is whether the judge abused his discretion in accepting and relying on the ex parte affidavit without affording the Commonwealth access to it and an opportunity...

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