Home/Massachusetts Supreme Judicial Court/Commonwealth v. Latour

Commonwealth v. Latour

493 N.E.2d 500, 397 Mass. 1007, 1986 Mass. LEXIS 1342
CourtMassachusetts Supreme Judicial Court
DecidedJune 12, 1986
StatusPublished
Cited by5 cases

This text of 493 N.E.2d 500 (Commonwealth v. Latour) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Latour, 493 N.E.2d 500, 397 Mass. 1007, 1986 Mass. LEXIS 1342 (Mass. 1986).

Opinion

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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Related

Commonwealth v. Hernandez
118 N.E.3d 107 (Massachusetts Supreme Judicial Court, 2019)
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476 Mass. 703 (Massachusetts Supreme Judicial Court, 2017)
State v. Carlin
249 P.3d 752 (Alaska Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
493 N.E.2d 500, 397 Mass. 1007, 1986 Mass. LEXIS 1342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-latour-mass-1986.