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Keywords

defendantdiscoveryappealhearingtrialmotion

defendantdiscoveryappealtrialmotioncomplianceexpert witness

Related Cases

Sliech-Brodeur v. Com., 447 Mass. 1004, 849 N.E.2d 806

Facts

The petitioner, indicted for murder, indicated her intention to use a defense of lack of criminal responsibility due to mental illness, based on an expert's opinion. The Commonwealth filed motions for discovery of materials related to the expert and for an independent psychiatric examination of the petitioner. The Superior Court allowed the Commonwealth's motion for the examination and denied the petitioner's request to record it. The petitioner sought relief from these orders, but the single justice denied her petition without a hearing. After her conviction, the petitioner appealed the single justice's ruling.

The petitioner, indicted for murder, notified the Commonwealth of her intention to pursue a defense of lack of criminal responsibility because of mental disease or defect, based on the opinion of an expert witness. The Commonwealth moved for discovery of assorted materials regarding the expert and his evaluations of the petitioner, and moved for an independent psychiatric examination of the petitioner. The petitioner opposed the Commonwealth's first motion and moved to videotape and audiotape the independent psychiatric examination.

Issue

Whether the appeal from the single justice's decision regarding the psychiatric examination and discovery orders is moot following the defendant's conviction.

The petitioner appeals from a judgment of a single justice of this court denying her petition for relief pursuant to G.L. c. 211, § 3. We dismiss the appeal as moot.

Rule

An appeal is considered moot if the underlying issue has been resolved or if the party seeking relief has received the relief they sought.

Thus, “if she is aggrieved by what has transpired with respect to [the discovery orders], it is not apparent why she could not now adequately pursue her claim … on her direct appeal.”

Analysis

The court determined that the defendant's conviction rendered her appeal moot, as the issues she raised regarding the discovery orders and the psychiatric examination were no longer relevant after the trial had concluded. The court noted that the defendant could adequately pursue any grievances related to the discovery orders in her direct appeal from the conviction.

The Supreme Judicial Court held that defendant's conviction, following trial, rendered her appeal of decision of the single justice moot.

Conclusion

The Supreme Judicial Court dismissed the appeal as moot, concluding that the defendant's conviction made the issues raised in her appeal irrelevant.

Appeal dismissed.

Who won?

The Commonwealth prevailed in this case because the court found that the appeal was moot following the defendant's conviction.

The Commonwealth successfully moved in the Superior Court to compel the petitioner's compliance with the discovery orders.

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People v. Albanese, 104 Ill.2d 504, 473 N.E.2d 1246, 85 Ill.Dec. 441

Farris v. Fireman’s Fund Ins. Co., 119 Cal.App.4th 671, 14 Cal.Rptr.3d 618, 04 Cal. Daily Op. Serv. 5355, 2004 Daily Journal D.A.R. 7318

Gray v. United States, 155 A.3d 377

Lowery v. Cardwell, 575 F.2d 727

Ogden v. Groves, 241 So.2d 756