CRUZ v. COMMONWEALTH

SJC-13503.

243 N.E.3d 430 (2024)

494 Mass. 800

Roberto CRUZ v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Essex.

Decided October 16, 2024.


Attorney(s) appearing for the Case

Kate R. Isley, Assistant Attorney General, for the Commonwealth.

Steven J. Rappaport, Boston, for the plaintiff.

Annie Prossnitz, Maria Makar, & Meg Gould, of Illinois, Radha Natarajan, Katharine Naples-Mitchell, & Mark Loevy-Reyes, for New England Innocence Project & another, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Kafker, & Georges, JJ.


This case concerns the limits of eligibility for claimants under G. L. c. 258D, which provides compensation for certain erroneous convictions. After the Appeals Court reversed the claimant Roberto Cruz's convictions of two counts of indecent assault and battery on a child, Commonwealth v. Cruz

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