Forlizzi v. Commonwealth
Annotate this CaseDavid Forlizzi and Fred Battista (together, Petitioners) were indicted on similar charges arising out of Petitioners’ alleged misconduct in connection with a prior trial involving alleged insurance fraud. Petitioners moved to dismiss the indictments, alleging that the Commonwealth had engaged in prosecutorial misconduct during the investigation leading to the indictments. A superior court judge denied the motion, concluding that the prosecutors had engaged in overreaching but that dismissal of the indictments as a sanction was not warranted under the circumstances. Petitioners filed a petition in the county court pursuant to Mass. Gen. Laws ch. 211, 3 seeking interlocutory review. A single justice of the Supreme Judicial Court denied relief, concluding that Petitioners had not shown they were entitled to extraordinary relief. The Supreme Judicial Court affirmed the denial of the petition on the ground that Petitioners failed to demonstrate irremediable error.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.