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COMMONWEALTH v. ARRINGTON

SJC-10374

455 Mass. 437 (2009)

COMMONWEALTH v. LUCIEN E. ARRINGTON.

Supreme Judicial Court of Massachusetts, Hampden.

December 7, 2009.

Attorney(s) appearing for the Case

Shelly-Ann Sankar, Assistant District Attorney (Jane Davidson Montori, Assistant District Attorney, with her) for the Commonwealth.

Sarah E. Dolven for the defendant.

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

SPINA, J.

At issue in this case is whether a judge in the District Court properly allowed a motion in limine filed by the defendant, Lucien E. Arrington, to exclude the prior recorded testimony of a complainant who died before trial. The Commonwealth sought leave to file an interlocutory appeal, see Mass. R. Crim. P. 15 (a) (2), as appearing in 422 Mass. 1501 (1996), which was allowed by a single justice of this court. See Commonwealth v.

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