Department of Mental Retardation v. Kendrew
Massachusetts Supreme Judicial Court
1Opinion of the CourtLiacos, C.J.
The Department of Mental Retardation (department) appeals - from an order of a single justice of this court denying its petition for relief pursuant to G. L. c. 211, § 3 (1992 ed.). The major issue presented on appeal is whether, in the course of a criminal proceeding, a judge of the District Court may order the department to provide ser*51vices to the defendant. We conclude that a District Court judge may not do so, and therefore we reverse.
On June 18, 1993, the defendant, Dorrie E. Kendrew, was charged with assault and battery on a police officer and malicious injury to personal property. On…
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