Commonwealth v. Augustine
Annotate this CaseDefendant was indicted for murder. Defendant moved to suppress certain evidence that the Commonwealth had obtained without a warrant. The superior court allowed Defendant’s motion. The Commonwealth appealed. The Supreme Judicial Court held that Defendant had a reasonable expectation of privacy in the evidence and remanded to give the Commonwealth an opportunity to demonstrate probable cause for a warrant. Defendant subsequently filed a Mass. R. Crim. P. 15(d) motion seeking attorney’s fees for counsel he engaged to replace his court-appointed counsel for the defense of the Commonwealth’s interlocutory appeal. The Supreme Court denied Defendant’s motion for appellate attorney’s fees, holding that Defendant was not entitled to the payment of fees where he was indigent and his new counsel agreed not to charge him any fees for their services.
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