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IRWIN v. COMMONWEALTH

No. SJC-11260.

465 Mass. 834 (2013)

JOHN R. IRWIN v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

July 15, 2013.

Attorney(s) appearing for the Case

David Hartnagel , Assistant Attorney General, for the Commonwealth.

Robert S. Sinsheimer ( David Scott with him) for the plaintiff.

Alex G. Philipson, pro se, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

In this case we consider whether the Commonwealth may pursue an interlocutory appeal, under the doctrine of present execution, of the determination that a plaintiff is an eligible claimant as defined under the erroneous convictions statute, G. L. c. 258D.1 We consider also whether a conviction that was overturned because the Commonwealth introduced evidence of the plaintiff's prearrest...

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