COMMONWEALTH v. FERNANDES

SJC-12429.

483 Mass. 1 (2019)

COMMONWEALTH v. STEPHANIE A. FERNANDES.

Supreme Judicial Court of Massachusetts, Worcester.

September 4, 2019.


Attorney(s) appearing for the Case

Ellyn H. Lazar , Assistant District Attorney, for the Commonwealth.

Peter L. Ettenberg for the defendant.

Chauncey B. Wood , K. Neil Austin , Caroline S. Donovan , & Joanna McDonough , for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

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


Until recently, we provided only limited guidance regarding legal instructions furnished to grand juries. We had held, for example, that "it is the duty of the district attorney in appropriate instances to advise [the grand jury] concerning the law," Attorney Gen. v. Pelletier, 240 Mass. 264, 307 (1922), and that an appropriate...

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