COMMONWEALTH,
v.
JOSE MARTINEZ.
COMMONWEALTH,
v.
STEPHANIE GREEN.
Supreme Judicial Court of Massachusetts, Essex.https://leagle.com/images/logo.png
September 7, 2018.
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.
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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