Commonwealth v. Bruneau
Annotate this CaseIn 2008, Defendant was indicted on a charge of first-degree murder but was found not competent to stand trial until 2013. Thereafter, the Commonwealth filed a nolle prosequi with respect to the portion of the indictment that charged first-degree murder. Defendant filed a motion for a required finding of not guilty, which was denied. Defendant was subsequently found not guilty by reason of mental illness and ordered hospitalized. Defendant filed an appeal under Mass. Gen. Laws ch. 278, 28. The Commonwealth argued that Defendant may seek to pursue an appeal only by filing a petition for extraordinary relief under Mass. Gen. Laws ch. 211, 3 and that Defendant’s appeal does not lie under Mass. Gen. Laws ch. 278, 28 because a finding of not guilty by reason of mental illness is not a “judgment” and Defendant is not “aggrieved” since he has not been convicted. The Supreme Judicial Court affirmed, holding (1) a defendant who is found not guilty by reason of mental illness may appeal under Mass. Gen. Laws ch. 278, 28; and (2) the evidence in this case was sufficient to support a conviction of murder in the second degree, and therefore, the judge did not err in denying Defendant’s motion for a required finding of not guilty.
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