Com. v. Latour
| Decision Date | 12 June 1986 |
| Citation | 493 N.E.2d 500,397 Mass. 1007 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | COMMONWEALTH v. Thomas A. LATOUR. |
Linda J. Thompson, Springfield, for defendant.
William T. Walsh, Jr., Asst. Dist. Atty., for the Commonwealth.
Before WILKINS, LIACOS, NOLAN, LYNCH and O'CONNOR, JJ.
RESCRIPT.
The defendant died following the argument of this appeal. The assistant district attorney filed a Suggestion of Mootness, stating the Commonwealth's position that there were no issues "so novel or unique" as to warrant the court to issue an opinion. The defendant's counsel requests that we issue an opinion. When a criminal defendant dies pending his appeal, the general practice is to dismiss the indictment. Commonwealth v. Eisen, 368 Mass. 813, 334 N.E.2d 14 (1975). There is nothing about the issues raised in this appeal that leads us to vary this general rule.
Judgment on complaint No. JR 84-718A is vacated. The case is remanded to the Springfield District Court, where the complaint shall be dismissed.
So ordered.
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...we essentially restated our holding and reasoning from Eisen and remanded for dismissal of the indictment. In Commonwealth v. Latour, 397 Mass. 1007, 493 N.E.2d 500 (1986), again citing Eisen, we stated that, "[w]hen a criminal defendant dies pending his appeal, the general practice is to d......
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...remand the case with a direction to dismiss the complaint or indictment, thus abating the entire prosecution. See Commonwealth v. Latour, 397 Mass. 1007, 493 N.E.2d 500 (1986); Commonwealth v. Harris, 379 Mass. 917, 398 N.E.2d 726 (1980); Commonwealth v. Eisen, 368 Mass. 813, 814, 334 N.E.2......
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