Massachusetts Supreme Judicial Court, 1986

Commonwealth v. Latour

Commonwealth v. Latour
Massachusetts Supreme Judicial Court · Decided June 12, 1986
397 Mass. 1007; 493 N.E.2d 500; 1986 Mass. LEXIS 1342
Commonwealth v. Latour

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

The defendant died following the argument of this appeal. The assistant district attorney filed a Suggestion of Mootness, stating the Commonwealth’s position that there were no issues “so novel or unique” as to warrant the court to issue an opinion. The defendant’s counsel requests that we issue an opinion. When a criminal defendant dies pending his appeal, the general practice is to dismiss the indictment. Commonwealth v. Eisen, 368 Mass. 813 (1975). There is nothing about the issues raised in this appeal that leads us to vary this general rule.

Judgment on complaint No. JR 84-718A is vacated. The case is remanded to the Springfield District Court, where the complaint shall be dismissed.

So ordered.

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