Commonwealth v. Shaughessy

At issue in this case is whether the Commonwealth’s privilege not to disclose the identity of an informant can be overcome on the basis of an affidavit submitted ex parte by the defendant.2 The particular question we must answer is whether the judge abused his discretion in accepting and relying on the ex parte affidavit without affording the Commonwealth access to it and an opportunity to respond to its contents.

The defendant claims that the judge’s handling of the matter was consistent with language that this and other courts have used in the past concerning the use of ex parte submissions…