983
N.E.2d 706 (Mass. 2013)
SJC -
11254
The
defendant was charged with multiple motor vehicle offenses. The Commonwealth submitted evidence of
medical records of the treatment she received after colliding with an
unoccupied, parked motor vehicle. After
the judge denied her motion to suppress these records, she filed an application
in the county court seeking leave for an interlocutory appeal.
The
Supreme Judicial Court held that this was an improper appeal because neither the
Commonwealth nor a defendant may appeal to the full court from a single
justice’s denial of an application for leave to pursue an interlocutory
appeal. If appropriate, the defendant
may seek impoundment, redaction of the records in the trial court, or raise the
suppression ruling as an issue in her direct appeal. The Supreme Court expressed no view as to
whether such measures were warranted.
The
Supreme Judicial Court dismissed the appeal.
Written 7/7/2013
