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Commonwealth v. Davis

Citations

  • 574 N.E.2d 1007
  • 410 Mass. 680
  • 1991 Mass. LEXIS 390

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • dismissing appeal because leave to appeal denial of motion for costs for scientific testing was not filed with single justice
  • “gatekeeper” provision of G. L. c. 278, § 33E, applies to “any motion” filed in Superior Court after plenary review
  • posttrial motion at issue was not “constitutionally mandated,” and therefore indigent defendant had “no constitutional right to State funding to support investigations in anticipation of such a motion”
  • where Legislature chooses not to fund procedures not constitutionally mandated, “this court may not rewrite the statute to do so”
  • G. L. c. 278, § 33E, “expressly prohibits an appeal from ‘any motion’ filed in the Superior Court after § 33E review without the leave of a single justice of this court”
  • gatekeeper provision applies to postconviction motion for funds for scientific testing of physical evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Abrams, Nolan, Lynch, Greaney

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.