Commonwealth v. Goewey

Marshall, CJ.

In Commonwealth v. Goewey, 69 Mass. App. Ct. 429 (2007), the Appeals Court reversed an order of a judge in the District Court allowing the defendant’s motion to suppress evidence. We granted the defendant’s application for further appellate review because we were concerned that the appeal had been decided without a brief or oral argument from the defendant. We hold that the defendant is entitled to a new appeal. Because the underlying suppression matter has now been fully briefed and argued before us by both the defendant and the Commonwealth, we decide the appeal anew. We…