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DRUMGOLD v. COMMONWEALTH

No. SJC-10616.

458 Mass. 367 (2010)

SHAWN DRUMGOLD v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 23, 2010.

Attorney(s) appearing for the Case

Catherine E. Sullivan, Assistant Attorney General (Gwen A. Werner, Assistant Attorney General, with her) for the Commonwealth.

Michael W. Reilly (Rosemary Curran Scapicchio with him) for the plaintiff.

David M. Siegel, for New England Innocence Project, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

CORDY, J.

The plaintiff in this case, Shawn Drumgold, was convicted of murder in the first degree and served approximately fourteen years in prison before his conviction was vacated in 2003. He subsequently brought this lawsuit claiming that he was entitled to recover under the Massachusetts Erroneous Convictions Law, G. L. c. 258D (c. 258D). The Commonwealth moved for summary judgment, contending only that Drumgold would...

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