Irwin v. Commonwealth

In this case we consider whether the Commonwealth may pursue an interlocutory appeal, under the doctrine of present *835execution, of the determination that a plaintiff is an eligible claimant as defined under the erroneous convictions statute, G. L. c. 258D.1 We consider also whether a conviction that was overturned because the Commonwealth introduced evidence of the plaintiff’s prearrest silence as purportedly establishing consciousness of guilt was overturned “on grounds which tend to establish” his innocence, such that he is eligible to pursue his claim for compensation for an erroneous…