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Tuesday, November 5, 2013

Courtney Grave's Summary of "Cousineau v. Commonwealth"

Cousineau v. Commonwealth
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