Santana v. Commonwealth
Massachusetts Appeals Court
1Opinion of the CourtAgnes, J.
The question before us is whether the plaintiff, Temis-tocles Omar Santana, is eligible to bring a claim for relief under the erroneous conviction statute, G. L. c. 258D, because his conviction was reversed due to the effect of an improper jury instruction.1 The plaintiff contends that he is eligible to bring such a claim because he was granted judicial relief “on grounds which tend to establish the [plaintiffs] innocence.” G. L. c. 258D, § l(B)(ii). We dis*373agree, and affirm the judgment that entered on the parties’ cross motions for summary judgment.
Background. In 2009, the plaintiff and…
2Cases cited14 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Miller v. CotterMassachusetts Supreme Judicial Court · 2007
- Commonwealth v. VizcarrondoMassachusetts Supreme Judicial Court · 1998
- Albahari v. Zoning Board of AppealsMassachusetts Appeals Court · 2010
- Marhefka v. Zoning Board of Appeals of SuttonMassachusetts Appeals Court · 2011
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3Cited by1 opinion
- Cruz v. CommonwealthMassachusetts Appeals Court · 2023