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SANTANA v. COMMONWEALTH

No. 15-P-275.

90 Mass. App. Ct. 372 (2016)

59 N.E.3d 430

TEMISTOCLES OMAR SANTANA v. COMMONWEALTH.

Appeals Court of Massachusetts, Essex.

September 30, 2016.

Attorney(s) appearing for the Case

William S. Smith ( Jennifer H. O'Brien with him) for the plaintiff.

Jennifer H. Flynn , Assistant Attorney General, for the Commonwealth.

Present: TRAINOR, AGNES, & MASSING, JJ.

The question before us is whether the plaintiff, Temistocles Omar Santana, is eligible to bring a claim for relief under the erroneous conviction statute, G. L. c. 258D, because his conviction was reversed due to the effect of an improper jury instruction.1 The plaintiff contends that he is eligible to bring...

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