COMMONWEALTH v. HERNANDEZ

SJC-12501.

481 Mass. 582 (2019)

COMMONWEALTH v. AARON J. HERNANDEZ.

Supreme Judicial Court of Massachusetts, Bristol.

March 13, 2019.


Attorney(s) appearing for the Case

Thomas M. Quinn, III , District Attorney ( Shoshana Stern , Assistant District Attorney, also present) for the Commonwealth.

John M. Thompson ( Linda J. Thompson also present) for the defendant.

Maura Healey , Attorney General, & Eric A. Haskell , Assistant Attorney General, for the Attorney General & another, amici curiae, submitted a brief.

Present: GANTS, C.J., GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


In this appeal, the Commonwealth asks us to reconsider the viability of the common-law doctrine of abatement ab initio, whereby, as was the case here, a criminal conviction is vacated and the indictment is dismissed after the defendant dies while his direct appeal as of right challenging that conviction is in process. The justification...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases