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COMMITTEE FOR PUBLIC COUNSEL SERVICES v. ATTORNEY GENERAL

No. SJC-12471.

480 Mass. 700 (2018)

COMMITTEE FOR PUBLIC COUNSEL SERVICES & others v. ATTORNEY GENERAL & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 11, 2018.

Attorney(s) appearing for the Case

Rebecca A. Jacobstein , Committee for Public Counsel Services ( Benjamin H. Keehn , Committee for Public Counsel Services, also present) for Committee for Public Counsel Services.

Matthew R. Segal ( Carlton E. Williams & Daniel N. Marx also present) for Hampden County Lawyers for Justice, Inc., & others.

Thomas E. Bocian , Assistant Attorney General ( Anna E. Lumelsky & Thomas A. Caldwell , Assistant Attorneys General, also present) for the Attorney General.

Joseph A. Pieropan , Assistant District Attorney ( Susanne M. O'Neil , Hallie White Speight , Shoshana Stern , & Sara Concannon DeSimone , Assistant District Attorneys, also present) for District Attorney for the Berkshire District & others.

The following submitted briefs for amici curiae:

Jessica Ring Amunson , of the District of Columbia, & Andrew C. Noll for Legal Ethics and Criminal Justice Scholars & another.

Douglas I. Koff , of New York, Adam S. Hoffinger & Nicholas A. Dingeldein , of the District of Columbia, & Radha Natarajan for The Innocence Project, Inc., & another.

David M. Siegel & Elizabeth A. Ritvo for Boston Bar Association.

Clark M. Neily, III , & Jay R. Schweikert , of the District of Columbia, Monica Shah , & Emma Quinn-Judge for Cato Institute & another.

Steven Fitzgerald, pro se.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

We are called upon, in the exercise of our broad powers of superintendence over the courts of the Commonwealth, to remedy egregious governmental misconduct arising out of the scandal at the State Laboratory Institute in Amherst at the campus of the University of Massachusetts (Amherst lab or lab). The misconduct at issue involves evidence...

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