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Massachusetts Supreme Judicial Court

Massachusetts

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Case Information

Filed 2023-03-23
Status Decided, Rescript issued
Type Criminal
Docket 35 entries

Docket Entries

  1. Entered.
  2. ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether the motion judge properly dismissed the indictments brought against the defendant for involuntary manslaughter, G. L. c. 265, § 13, and reckless endangerment of a child, G. L. c. 265, § 13L, on the grounds that (1) the evidence before the grand jury was insufficient to support the indictments, and (2) the integrity of the grand jury proceedings was impaired by the introduction of certain financial information, "blog" posts, and related testimony and documents.
  3. Appearance filed for Commonwealth by Special A.D.A. Jennifer Zalnasky.
  4. Appellant brief (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer Zalnasky.
  5. 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: Cover of appellant's brief shall be blue.)
  6. Notice of Filing Electronic Audio and Audiovisual Exhibits.
  7. Appendix (Volume I of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  8. Appendix (Volume II of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  9. Appendix (Volume III of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  10. Appendix (Volume IV of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  11. Appendix (Volume V of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  12. Appendix (Volume VI of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  13. Appendix (Volume VII of VII) (IMPOUNDED) filed for Commonwealth by Special A.D.A. Jennifer K. Zalnasky.
  14. The clerk's office has received the appellant's appendices (Vol. I - VII) through e-fileMA. The appendices have been accepted for filing and entered on the docket. The appellant shall file with the clerk 2 copies of the appendices within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of appellant's appendices shall be white.)
  15. Motion to extend to date for filing of appellee's brief filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg. (ALLOWED to May 31, 2023)
  16. Additional 2 copies of appellant's appendices filed by Commonwealth.
  17. Motion to extend to date for filing of appellee's brief filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg. (ALLOWED to June 2, 2023.)
  18. Copy of notice of Filing DVD Exhibit (Exhibit 15) (IMPOUNDED) filed by Attorney Nancy Ann Dolberg.
  19. Appellee brief (IMPOUNDED) filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg.
  20. Appendix (IMPOUNDED) filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg.
  21. The clerk's office has received the appellee's IMPOUNDED brief and appendix through e-fileMA. The IMPOUNDED brief and appendix have been accepted for filing and entered on the docket. The appellee 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: The cover of the brief shall be red, the cover of the appendix shall be white.)
  22. Letter regarding filing of IMPOUNDED DVD Exhibit (IMPOUNDED) filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg. (NOTE: Corrected letter filed, see P #20.)
  23. Corrected Letter regarding filing of IMPOUNDED DVD Exhibit (IMPOUNDED) filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg.
  24. Additional 4 copies of appellee's brief and 3 copies of appendix filed by Cassandra L. Barlow-Tucker.
  25. NOTICE of October argument sent.
  26. ORDERED for argument on October 4.
  27. Appellee brief (Redacted Copy) filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg.
  28. Appellant brief (Redacted Copy) filed for Commonwealth by Jennifer Zalnasky, A.D.A..
  29. Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Cypher, J., Kafker, J., Wendlandt, J., Georges, Jr., J.). View Webcast
  30. 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.
  31. RESCRIPT (Full Opinion): The order allowing the defendants' motions to dismiss is reversed. The case is remanded to the Superior Court for further proceedings consistent with this opinion. (By the Court)
  32. Joint Motion for Reconsideration or Modification filed for Cassandra L. Barlow-Tucker by Attorney Nancy Ann Dolberg.
  33. ORDER: The Commonwealth is invited to respond to the motion for reconsideration. Any such response shall be filed no later than March 7, 2024.
  34. Response to Motion for Reconsideration or Modification filed for Commonwealth by Jennifer Zalnasky, ADA.
  35. ORDER: The motion for reconsideration or modification is Allowed, in part. The decision has been modified and a copy is attached. See the Revisions List of the Office of the Reporter of Decisions: https://www.mass.gov/service-details/opinion-revisions.

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