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COMMONWEALTH v. GRIFFITH

No. 21-P-933.

103 Mass. App. Ct. 671 (2024)

COMMONWEALTH v. DWAYNE GRIFFITH.

Appeals Court of Massachusetts, Hampden.

January 11, 2024.

Attorney(s) appearing for the Case

Patrick Levin , Committee for Public Counsel Services, for the defendant.

William Joyce , Assistant District Attorney, for the Commonwealth.

Present: Ditkoff, Walsh, & Brennan, JJ.

In Commonwealth v. Hernandez, 481 Mass. 582, 583 (2019), the Supreme Judicial Court abandoned the doctrine of abatement ab initio and held that, where a defendant dies before the direct appeal of a criminal conviction is decided, "the proper course is to dismiss the appeal as moot and note in the trial...

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