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Massachusetts Supreme Judicial Court

Massachusetts

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Case Information

Filed 2023-05-15
Status Decided, Rescript issued
Type Criminal
Docket 48 entries

Docket Entries

  1. Entered.
  2. Appearance filed for Commonwealth by David Sheppard-Brick, A.D.A..
  3. ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether, under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, the Commonwealth was obligated to disclose, as exculpatory evidence, information known by a police witness concerning then-pending civil litigation in which the police witness was accused of false arrest and false imprisonment, and if so, whether the failure to disclose such information was prejudicial so as to warrant a new trial.
  4. Joint Motion to file new briefs for Commonwealth and Denzel McFarlane by David Sheppard-Brick, A.D.A., Attorney Laurence Cohen.
  5. ORDER: The joint motion to file substitute briefs is ALLOWED. The defendant's brief shall be due on or before June 26, 2023. The Commonwealth's brief shall be due on or before July 24, 2023. By the Court.
  6. MOTION FOR STAY OF APPEAL filed for Denzel McFarlane by Attorney Laurence Cohen.
  7. OPPOSITION to defendant's motion for stay of appeal filed for Commonwealth by David Sheppard-Brick, A.D.A..
  8. ORDER OF REFERENCE of Paper #6 (Motion for stay of appeal) and Paper #7 (Opposition to defendant's motion for stay of appeal) to single justice for disposition. (By the Court)
  9. Single Justice Decision on Order of Reference for Paper #6: "Upon consideration thereof, it is hereby ORDERED that the motion is DENIED. It is FURTHER ORDERED that the parties may include one additional issue from Guardado in their briefs filed with the full court. (Cypher J.)". (Please see SJ-2023-M002)
  10. Appellant brief filed for Denzel McFarlane by Attorney Laurence Cohen.
  11. The clerk's office has received the appellant's 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: The cover of the brief shall be blue.)
  12. NOTICE of September argument sent.
  13. Appellee brief filed for Commonwealth by David Sheppard-Brick, A.D.A..
  14. 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.)
  15. Appendix filed for Commonwealth by David Sheppard-Brick, A.D.A..
  16. Certificate of service filed for Commonwealth by David Sheppard-Brick, A.D.A..
  17. The clerk's office has received the appellee's supplemental appendix through e-fileMA. The appendix has been accepted for filing and entered on the docket. The appellee shall file with the clerk 3 copies of the appendix within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the appendix shall be white.)
  18. Additional 4 copies of appellee's brief and 3 copies of supplemental appendix filed by Commonwealth.
  19. Additional 4 copies of appellant's brief filed by Denzel McFarlane.
  20. ORDERED for argument on September 11.
  21. Reply brief filed for Denzel McFarlane by Attorney Laurence Cohen.
  22. Motion to file the transcript of Daniel Bradley's criminal trial as Appendix Volume 3 filed for Denzel McFarlane by Attorney Laurence Cohen. (Referred to the Quorum)
  23. 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. (Cover of reply brief shall be gray.)
  24. Appendix Volume 1 filed for Denzel McFarlane by Attorney Laurence Cohen.
  25. Appendix Volume 2 filed for Denzel McFarlane by Attorney Laurence Cohen.
  26. Appendix Volume 3 filed for Denzel McFarlane by Attorney Laurence Cohen.
  27. The clerk's office has received the record appendix volumes 1 to 3 through e-fileMA. The appendices have been accepted for filing and entered on the docket. The appellant shall file with the clerk 3 copies of the appendices within 10 days. The clerk's office may require additional copies if necessary. (Cover of appendix shall be white.)
  28. Additional 4 copies of appellant's reply brief and 3 copies of appendices filed by Denzel McFarlane.
  29. Amicus brief filed for Committee for Public Counsel Services and American Civil Liberties Union of Massachusetts by Attorney Rebecca Ann Jacobstein, Attorney Jessica Lewis.
  30. The clerk's office has received the amicus brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus curiae (Committee for Public Counsel Services & another) shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Cover of amicus brief shall be green.)
  31. Additional 4 copies of amicus brief filed by Committee for Public Counsel Services and the American Civil Liberties Union of Massachusetts.
  32. Amicus brief filed for State Police Association of Massachusetts by Attorney Patrick Hanley.
  33. Motion to file amicus brief late filed for State Police Association of Massachusetts by Attorney Patrick Hanley. (Referred to the Quorum)
  34. The clerk's office has received the amicus brief filed for the State Police Association of Massachusetts through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus curiae State Police Association of Massachusetts 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 green.)
  35. Amicus brief filed for Berkshire District Attorney, Bristol District Attorney, Cape and Islands District Attorney, Essex District Attorney, Norfolk District Attorney, Northwestern District Attorney and Worcester District Attorney by Shoshana Stern, A.D.A..
  36. Motion to file amiucs brief late filed for Berkshire District Attorney, Bristol District Attorney, Cape and Islands District Attorney, Essex District Attorney, Norfolk District Attorney, Northwestern District Attorney and Worcester District Attorney by Shoshana Stern, A.D.A.. (Referred to the Quorum)
  37. The clerk's office has received the amicus brief filed for the Bristol District Attorney and others through e-fileMA. The brief has been accepted for filing and entered on the docket. The amici curiae Bristol District Attorney and others 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 green.)
  38. Additional 4 copies of amicus brief filed by State Police Association of Massachusetts.
  39. Amicus brief filed for Plymouth District Attorney, Berkshire District Attorney, Essex District Attorney, Northwestern District Attorney, Worcester District Attorney by John P. Zanini, A.D.A., Cailin M. Campbell, A.D.A..
  40. Motion to file amicus brief late filed for Plymouth District Attorney, Berkshire District Attorney, Essex District Attorney, Northwestern District Attorney, Worcester District Attorney by Carolyn Burbine, A.D.A.. (Referred to the Quorum)
  41. The clerk's office has received the amicus brief filed for the Plymouth District Attorney and others through e-fileMA. The brief has been accepted for filing and entered on the docket. The amici curiae Plymouth District Attorney and others 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 green.)
  42. Motion for oral argument time filed for Committee for Public Counsel Services and American Civil Liberties Union of Massachusetts by Attorney Rebecca Ann Jacobstein.
  43. Additional 4 copies of amicus brief filed by Plymouth District Attorney & others.
  44. ORDER: The motion to participate in oral argument filed by the Committee for Public Counsel Services and the American Civil Liberties Union of Massachusetts is ALLOWED for 5 minutes; the request to participate in oral argument made by the State Police Association of Massachusetts in its brief is ALLOWED for 5 minutes. This time is in addition to the time allotted to the parties for their arguments. By the Court.
  45. Additional 4 copies of amicus brief filed by Berkshire District Attorney and others.
  46. Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Cypher, J., Kafker, J., Wendlandt, J., Georges, Jr., J.). View Webcast
  47. 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.
  48. RESCRIPT (Full Opinion): As the civil lawsuit against Moynahan was pending at the time of the defendant's trial, it constituted an unsubstantiated allegation of misconduct that did not tend to negate the defendant's guilt, and the prosecutor therefore had no duty to inquire into or disclose the lawsuit as exculpatory evidence. Accordingly, we affirm the motion judge's denial of the defendant's motion for a new trial. (By the Court)

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