![]() ![]() ![]() The Supreme Judicial Court granted an application for direct appellate review. Mason, J., and a question of law was reported by him to the Appeals Court. INDICTMENTS found and returned in the Superior Court Department on November 21, 2013.Ī motion for protections from harsher punishment in conjunction with a motion to withdraw a guilty plea was heard by Mark D. This court concluded that a defendant who negotiated a guilty plea because he qualified for an enhanced sentence due to a predicate offense that subsequently was vacated as a result of the egregious misconduct of a chemist at a State drug laboratory could withdraw that plea without being exposed to a harsher sentence than the one he received in exchange for his plea. Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Plea, Sentence, Conduct of government agents. (3) SJC-12786 05 Appellant Claudio Reply BriefĬontrolled Substances.(2) SJC-12786 03 Appellee Commonwealth Brief.(1) SJC-12786 01 Appellant Claudio Brief.203 DecemFebruCourt Below: Superior Court, Hampden County Present: Gants, C.J., Lenk, Gaziano, Lowy, Budd, Cypher, & Kafker, JJ. ![]()
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