COMMONWEALTH v. DURHAM


446 Mass. 212 (2006)

COMMONWEALTH v. PATRICK JOHN DURHAM.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 2006.


Attorney(s) appearing for the Case

James L. Sultan (Jonathan P. Harwell with him) for the defendant.

Paul B. Linn, Assistant District Attorney (David E. Meier, Assistant District Attorney, with him) for the Commonwealth.

The following submitted briefs for amici curiae:

Matthew Feinberg & Peter B. Krupp for National Association of Criminal Defense Lawyers & another.

Stephanie Page & Brownlow M. Speer, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


GREANEY, J.

In issue is the order of a Superior Court judge that directed the defendant, as part of the reciprocal discovery authorized by Mass. R. Crim. P. 14 (a), 378 Mass. 874 (1979),1 to furnish the Commonwealth with "statements" of witnesses whom the Commonwealth intended to call at trial and which were in the possession, custody, or control of the defendant or his attorney. The order required that the "statements" were to be provided...

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