Commonwealth v. Tahlil

The Supreme Judicial Court reversed the judgment of a single justice of the county court denying the Commonwealth’s petition for relief pursuant to Mass. Gen. Laws ch. 211, 3 from an interlocutory ruling of the Boston Municipal Court Department, holding that the trial judge’s decision to deny the Commonwealth’s motion was clearly erroneous.Defendant was charged with several crimes stemming from an incident during which several individuals assaulted and robbery the victim. During the court of discovery, the Commonwealth provided Defendant with a copy of a DVD containing surveillance video. But as trial approached, the Commonwealth was unable to locate its own copy of the DVD. The day before trial, the Commonwealth moved for an order requiring Defendant to return to the Commonwealth a copy of the DVD for the Commonwealth’s use at trial. The trial judge denied the motion. The Commonwealth then filed this petition, which the single justice denied without a hearing. The Supreme Judicial Court reversed, holding that the Commonwealth’s use of Mass. Gen. Laws ch. 211, 3 was proper, and because the Commonwealth had no other remedy, the judge’s decision was clearly in error. View "Commonwealth v. Tahlil" on Justia Law