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COMMONWEALTH v. REX

SJC-11480

469 Mass. 36 (2014)

COMMONWEALTH v. JOHN REX.

Supreme Judicial Court of Massachusetts, Norfolk.

July 9, 2014.

Attorney(s) appearing for the Case

Varsha Kukafka, Assistant District Attorney ( Anne Yas, Assistant District Attorney, with her) for the Commonwealth.

Bruce W. Carroll for the defendant.

Carlo Obligato, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

SPINA, J.

A Norfolk County grand jury indicted the defendant, John Rex, on seven counts of possession of child pornography, G. L. c. 272, § 29C, and seven counts of being a habitual offender, G. L. c. 279, § 25.1 Relying on Commonwealth v. McCarthy, 385 Mass. 160 (1982), the defendant filed a motion to dismiss the indictments, which the...

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