Posts tagged "1002118"

Tavares v. Commonwealth (Lawyers Weekly No. 10-021-18)

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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12211

PAULO TAVARES  vs.  COMMONWEALTH.

February 5, 2018.

Supreme Judicial Court, Superintendence of inferior courts.  Practice, Criminal, Discovery, Postconviction relief, Capital case.

Paulo Tavares appeals from a judgment of the county court denying his petition for relief under G. L. c. 211, § 3.  We affirm the judgment.

Tavares has been convicted by a jury of murder in the first degree and other offenses.  Before trial, Tavares successfully moved to suppress evidence of surreptitiously recorded conversations between him and a confidential informant.  We affirmed the suppression order on the Commonwealth’s interlocutory appeal.  Commonwealth v. Tavares, 459 Mass. 289, 303 (2011).  After he was convicted, Tavares moved for a new trial and for postconviction discovery of copies or transcripts of the recorded conversations.[1]  The trial judge denied both motions.  Tavares’s appeal from his convictions and from the denial of his posttrial motions is pending in this court and has not yet been briefed.  In his G. L. c. 211, § 3, petition, Tavares sought relief from the denial of his motion for postconviction discovery.  A single justice of this court denied the petition as well as a subsequent motion for reconsideration. read more

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Posted by Stephen Sandberg - February 5, 2018 at 7:47 pm

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