Legal Opinion

Commonwealth v. Carney

Massachusetts Supreme Judicial Court

Decided December 8, 2010PublishedCited by 16 opinions

1Opinion of the CourtCordy, J.

In this case, we are called on to determine the propriety of a judge’s order imposing on the Commonwealth both a $25,000 punitive sanction and attorney’s fees for what the judge concluded was a failure to comply with discovery orders issued pursuant to Mass. R. Crim. P. 14, as amended, 444 Mass. 1501 (2005). We conclude that sanctions imposed pursuant to Mass. R. Crim. P. 14 (c) (1), as appearing in 442 *419Mass. 1518 (2004), for the violation of discovery obligations are limited to remedial measures aimed at curing prejudice and ensuring a fair trial and, as such, may not include punitive…

2Cases cited30 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. Latrobe Steel Co. v. United Steelworkers of AmericaCourt of Appeals for the Third Circuit · 1976
  3. Commonwealth v. CronkMassachusetts Supreme Judicial Court · 1985
  4. Commonwealth v. Lam Hue ToMassachusetts Supreme Judicial Court · 1984
  5. Commonwealth v. DouzanisMassachusetts Supreme Judicial Court · 1981

25 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Commonwealth v. ColeMassachusetts Supreme Judicial Court · 2015
  2. Commonwealth v. IssaMassachusetts Supreme Judicial Court · 2013
  3. Committee for Public Counsel Services v. Attorney GeneralMassachusetts Supreme Judicial Court · 2018
  4. Commonwealth v. Washington W.Massachusetts Supreme Judicial Court · 2012
  5. Commonwealth v. SanfordMassachusetts Supreme Judicial Court · 2011

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API