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IN RE McDONOUGH

No. SJC-10609.

457 Mass. 512 (2010)

RUBY McDONOUGH, petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 2010.

Attorney(s) appearing for the Case

Wendy J. Murphy for the petitioner.

Casey E. Silvia, Assistant District Attorney (Marian T. Ryan, Assistant District Attorney, with her) for the Commonwealth.

Richard B. Klibaner for Kofi Agana.

Martha Coakley, Attorney General, & Adam Hollingsworth, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Susan Stefan for National Aphasia Association & others, amici curiae, submitted a brief.

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

MARSHALL, C.J.

A prospective witness for the Commonwealth in a criminal trial, the alleged victim Ruby McDonough, seeks interlocutory appellate review of an order of a District Court judge finding her not "competent" to testify because of her impaired capacity to communicate orally. McDonough's disability is the result of a stroke, which causes her to suffer from "expressive aphasia."1 Before...

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