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Case Information
Docket Entries
- Entered.
- Appellant brief filed for Warren W. Dunn by Attorney Christopher DeMayo.
- Appendix filed for Warren W. Dunn by Attorney Christopher DeMayo.
- Motion to transmit impounded exhibits filed for Warren W. Dunn by Attorney Christopher DeMayo. (Referred to the Quorum)
- ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether the Superior Court erred in denying the defendant's motion to suppress and motion for a Franks hearing, including: (1) whether the magistrate who issued the challenged search warrant was required personally to view the images whose alleged lewdness formed the basis for the probable cause determination; (2) whether the motion judge was required to view those same images before ruling on the defendant's motion for a Franks hearing; and (3) whether the search warrant in this case was supported by probable cause.
- The clerk's office has received the appellant's brief and appendix through e-fileMA. The brief and appendix have been accepted for filing and entered on the docket. The appellant shall file with the clerk 4 copies of the brief and 3 copies of the appendix within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of appellant's brief shall be blue and appendix shall be white.)
- Motion to extend to date for filing of appellee's brief filed for Commonwealth by Elizabeth Mello Marvel, A.D.A..
- OPPOSITION filed for Warren W. Dunn by Attorney Christopher DeMayo.
- Additional 5 copies of appellant's brief and 5 copies of appendix filed by Warren W. Dunn.
- ORDER OF REFERENCE of Paper # 6 (Motion to extend to date for filing of appellee's brief) and Paper #7 (Opposition) to single justice for disposition. (By the Court)
- Single Justice Decision on Order of Reference for Paper #6: "Upon consideration thereof, it is hereby ORDERED that the motion is ALLOWED. (Gaziano, J.)". (Please see SJ-2023-M006)
- ORDER: The Commonwealth's brief shall be filed on or before October 13, 2023. By the Court.
- NOTICE of December argument sent.
- Motion to extend to date for filing of appellee's brief filed for Commonwealth by Elizabeth Mello Marvel, A.D.A.. (ALLOWED to November 3, 3023. Further enlargements should not be anticipated.)
- NOTICE of January argument sent.
- Appellee brief filed for Commonwealth by Elizabeth Mello Marvel, A.D.A..
- Motion to accept late filing of brief filed for Commonwealth by Elizabeth Mello MArvel, A.D.A.. (ALLOWED)
- The clerk's office has received the appellee's brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellee shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the brief shall be red.)
- Additional 4 copies of appellee's brief filed by Commonwealth.
- ORDERED for argument on January 5.
- Reply brief filed for Warren W. Dunn by Attorney Christopher DeMayo.
- The clerk's office has received the appellant's reply brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellant shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of appellant's reply brief shall be grey.)
- Additional 4 copies of appellant's reply brief filed by Warren W. Dunn.
- Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Kafker, J., Wendlandt, J., Georges, Jr., J.). View Webcast
- NOTICE: The video recording of the oral argument in this matter has been posted to the SJC YouTube archive. Subscribe and view: https://www.youtube.com/c/massachusettssupremejudicialcourt.
- RESCRIPT (Full Opinion): The orders denying the defendant's motion to suppress and motion for a Franks hearing are affirmed. (By the Court)
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