Commonwealth v. Murphy

At issue is who should pay the attorney’s fees determined and approved pursuant to Mass. R. Crim. P. 15 (d), as appearing in 422 Mass. 1501 (1996). A Superior Court judge allowed the defendant’s motion to suppress evidence, and the prosecutor (the district attorney for Hampden) applied to a single justice of this court for leave to appeal. Mass. R. Crim. P. 15 (a) (2), as appearing in 422 Mass. 1501 (1996). The application was denied.1 The defendant then moved for determination and approval of attorney’s fees pursuant to rule 15 (d). The single justice allowed the motion and ordered that “15…