John Adams Courthouse, home of the Supreme Court of Massachusetts and the Court of Appeals. (Photo: Swampyank via Wikipedia) 'Gatekeeper': State High Court Finds Judge Overstepped Bounds by Dismissing Case, Adding Condition for Prosecutors
"Article 30 of the Massachusetts Declaration of Rights protects a prosecutor's right to decide whether to prosecute a defendant and for which offenses; a court may not impede the exercise of that right by imposing an additional requirement on the prosecution before it can refile the charges," Justice Frank M. Gaziano wrote on behalf of the SJC in Friday's opinion.
February 27, 2023 at 03:45 PM
5 minute read
A full panel of the Massachusetts Supreme Judicial Court concluded that a Boston Municipal judge overstepped her bounds when she dismissed a repeatedly-delayed case with the caveat that prosecutors must seek court-approval prior to reopening the case.
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