IN THE MATTER OF AN IMPOUNDED CASE

SJC-13127.

491 Mass. 109 (2022)

IN THE MATTER OF AN IMPOUNDED CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 22, 2022.


Attorney(s) appearing for the Case

Rachel M. Self for the defendant.

Katharine K. Foote ( Edmund P. Daley also present) for the child.

Karen A. Palumbo , Assistant District Attorney, for the Commonwealth.

Hartley M.K. West & Taylor Jaszewski , of California, & Brenda R. Sharton , for Jane Doe Inc. & another, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, & Georges, JJ.


This case presents the novel question whether a court may order the deposition of a social worker as a remedy for the inadvertent but unlawful destruction of privileged treatment records that a Superior Court judge had found were necessary to a criminal defendant's preparation for trial before learning of the destruction. We conclude...

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