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COMMONWEALTH v. MARTINEZ

Nos. SJC-12479, SJC-12480.

480 Mass. 777 (2018)

COMMONWEALTH, v. JOSE MARTINEZ. COMMONWEALTH, v. STEPHANIE GREEN.

Supreme Judicial Court of Massachusetts, Essex.

October 30, 2018.

Attorney(s) appearing for the Case

Benjamin H. Keehn , Committee for Public Counsel Services ( Nancy J. Caplan & Eric Brandt , Committee for Public Counsel Services, also present) for the defendants.

Jessica Langsam , Assistant District Attorney, & Robert E. Toone , Assistant Attorney General, for the Commonwealth.

Sarah M. Joss , Special Assistant Attorney General, for Massachusetts Probation Service.

Luke Ryan , Daniel N. Marx , & William W. Fick , for Stacy Foster & others, amici curiae, submitted a brief.

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

In Nelson v. Colorado, 137 S.Ct. 1249, 1252 (2017), the United States Supreme Court held that "[w]hen a criminal conviction is invalidated by a reviewing court and no retrial will occur," the State is required under the due process clause of the Fourteenth Amendment to the United States...

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