Massachusetts Supreme Judicial Court· 7/1/1991

Commonwealth v. Gordon

Citations

574 N.E.2d 974
410 Mass. 498
1991 Mass. LEXIS 342

How courts have described this case

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

when a lawful complaint is dismissed prior to trial it “prematurely cuts off the prosecution without a legal basis”
judge may not, conformably with art. 30, accept plea to lesser charge without consent of Commonwealth
“[T]he decision to nol pros a criminal case is within the discretion of the executive branch of government, free from judicial intervention.”
judge may not “exercise[] discretionary decision- making power to decide whether a complaint, legally valid, should be pursued”
“[njeither court congestion nor judicial economy justifies a judge in taking a plea to a lesser included offense over the Commonwealth’s objection”
judge could not accept over Commonwealth’s objection plea to murder in second degree from defendant indicted for murder in first degree

Source: CourtListener parenthetical corpus (CC0).

Judges: Liacos, Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney

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Cited by

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

Cites

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

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